Setting the Record Straight

When did you last Google your name or your company name? Or maybe a colleague or a company you are doing business with? How credible is the information you find? We all know that you have to take some of the search results ‘with a pinch of salt’.

We have our senses and instincts that help us seperate credible from the non-credible. Fake news rings a bell? For example, a government website is considered to be a credible source, but did you think otherwise? Can information on a government website could be incorrect, wrong or misleading?

Lets say someone was wrongly arrested – your friend, or an employee candidate. You look her up and find an arrest record. You should stay away, right? Well, not really. An arrest or an indictment are not a conviction. While the record may reside on the prosecutor website for years to come, the case could have been dismissed. But the dismissal is usually not as sensational as the indictment, so you are likely to see only the negative rather than the positive. This is how it works these days, and we know it from experience.

On November 10th 2015, Wilkey Legal Consultants, LLC published an article on the PRNewswire entitled: Class-Action Filed on Behalf of Asian-American and U.S. Business Owners Against National Finance Lender H-Capital Advance a/d/b/a Yalber. The article was self-promotional. Although the class action was later dismissed, one is hard pressed to find that on the internet. The dismissal only appears occasionally and far below the original Wilkey posting.

Now, over two-years later, Yalber on behalf of its affiliates, Got Capital, LLC, YLH, LLC, Kedma Capital, LLC, S-Capital, LLC, and Perfect Funding, Inc. wants to set the record straight.

The author of the November 10, 2015 release, Robert Wilkey was originally one of the attorneys for the plaintiffs in the class-action. Mr. Wilkey was forced to withdraw from the case when it was determined he was not admitted to the federal court where the case was to be litigated. He was ably replaced by his co-counsel.

From the standpoint of the plaintiffs, the class action was a disaster. The plaintiffs had to file two amended complaints to stave off dismissal motions filed by Yalber. Ultimately, the federal court judge dismissed 10 counts of the complaint and two of the plaintiffs were dropped from the case. A class-action hearing resulted in another victory for Yalber: the federal judge refusing to certify their case as a class-action.

“MEMORANDUM AND ORDER THAT PLAINTIFFS MOTION (DOC. 49) IS DENIED AS THE MERCHANT PLAINTIFF’S OFFER NO CLASS REPRESENTATIVE ADEQUATE TO REPRESENT THE MERCHANT CLASS AS EACH NAMED CLASS REPRESENTATIVE WAIVED ITS RIGHT TO PARTICIPATE IN A CLASS ACTION IN EXCHANGE FOR BUSINESS FINANCING. May 27th 2015

Shortly after the plaintiffs lost their class-action, the federal court dismissed what remained of the case with prejudice. After the case was dismissed, each of the remaining plaintiffs stated in writing that  they “Now having the benefit of discovery provided in the civil action, withdraw their assertion that the transactions referenced in the second amended complaint were loans or instances of predatory lending.”

You can’t change the way search engines work, but what you can do is make sure your story and narrative is not going to be lost within the endless amounts of search results.

 

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