Can I Sue LexisNexis for Breach of Agreement?

Question from Sweetie, Can I Sue LexisNexis for Breach of Agreement?

Answer from AI:

If you believe LexisNexis has breached an agreement by accessing and selling your public records despite agreeing not to, you may have grounds to sue them. Here are some general legal concepts and steps you might consider:

Understanding Breach of Agreement

A breach of agreement occurs when one party fails to fulfill their obligations under a contract. In your case, if LexisNexis agreed in writing to freeze your account and not access or sell your records, and they later violated this agreement, it could constitute a breach.

Potential Legal Claims

You might consider the following legal claims:

• Breach of Contract: If you have a written agreement or confirmation from LexisNexis, you may claim they breached this contract by accessing and selling your records.
• Invasion of Privacy: Depending on the circumstances, you might argue that accessing and selling your records without consent constitutes an invasion of privacy.
• Violation of Consumer Protection Laws: Some states have laws protecting consumers from unfair business practices, which might apply if LexisNexis misled you.

Steps to Take

1. Gather Evidence: Collect all correspondence with LexisNexis, including letters confirming their agreement to your requests.
2. Document the Breach: Keep records of when and how you discovered the breach, including any communications with third-party companies.
3. Consult a Legal Professional: Given the complexity of contract and privacy law, it’s advisable to consult with an attorney who can provide personalized advice based on your situation.
4. Consider Alternative Dispute Resolution: Before filing a lawsuit, you might explore mediation or arbitration as a way to resolve the issue without going to court.
5. File a Complaint: If necessary, you can file a lawsuit in the appropriate court. Your attorney can help determine the best jurisdiction and legal strategy.

Legal Resources and References

– You can review general information about breach of contract on the [American Bar Association’s website](https://www.americanbar.org/groups/business_law/publications/blt/2017/09/keeping-current/).
– For privacy concerns, the [Federal Trade Commission (FTC)](https://www.ftc.gov/) provides resources on consumer privacy rights.

When to Seek Legal Advice

Given the potential complexity of your case, especially involving privacy and contract law, it’s crucial to seek legal advice. An attorney can help you understand your rights, evaluate the strength of your claims, and guide you through the legal process. They can also help you determine the potential damages you might recover if you succeed in your lawsuit.

Remember, this information is intended to provide a general understanding and should not be considered specific legal advice. Always consult with a qualified legal professional for advice tailored to your particular circumstances.