When someone does a background search for my name some information isn't accurate, and it has caused me to miss out on an opportunity. I would like to sue them for defamation. I don't want to even discuss the issue with them, because they have displayed gross negligence and wreckless behavior. If I'm going to invest my time in pursuing them, I'd like to do so legally, and file a lawsuit to get their attention. Do I have merit, and what is the process to file suit in Virginia? Does it matter that Intelius is HQ'd in Seattle?
What is the nature of the false information? Criminal record? Bad Credit?
You should certainly print out screenshots of the false information for evidence, but you can't really make a claim for continuing and new damage if you are not willing to mitigate it by bringing the error to their attention immediately, and demanding a correction - as a matter of fact, it cuts into your credibility as to how damaging the information is if you're not willing to give them an opportunity to limit the damage by fixing it voluntarily.
If the information was of a false criminal nature, you may have a case of defamation per se - much easier to prove in court, because damage to you is presumed (in Virginia). Otherwise, you have to prove what your monetary or negligent infliction of emotional distress damages were, which might be difficult unless you can prove the value of the lost opportunity, and that, but for the defamation, you would have received that opportunity.
If the company is headquartered in Seattle, there will be an issue of whether the case can be brought in federal or state court, and where. The venue issues will likely be more complicated than the defamation issue itself.
If you can prove damages and if you can prove that a substantial factor in your having lost an opportunity is the false affirmations of fact against you then, yes, you would have a claim. You are going to need documentation and witnesses as to all of this and not simply "they said".
In any personal injury or other claim an argument can be made that a far away company may have 'availed itself' of the jurisdiction of your local court where it had 'minimum contacts'. This is an alalysis of constitutional proportions that could go on for pages and has challenged courts everywhere, so giving you a yes or no answer in a quickie computer summary is not possible.
If you don't believe me, Google these phrases: "minimum contacts" "personal jurisdiction" "World-Wide Volkswagen"
Good Luck!
At a minimum, I would suggest that you sit down and discuss this situation with a local attorney. The jurisdiction issues and proving the value of how you were injured by the false information are sufficiently complicated that it would be inadvisable to try to pursue this claim on your own. I would agree that it is probably important to send a notice to Intellius, but I think that should probably come from your lawyer and include a proper demand for monetary damages. With some investigation, you may discover that other entities are also responsible for putting the false information out into the public arena and that Intellius simply picked up that false information and distributed it widely. Get a screen shot of the false information and be prepared to provide careful documentation on how you were damaged financially by the false information.
