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How to sue my agent for negative representation and threats of suit?

Question by Sarah S: How to sue my agent for negative representation and threats of suit?
I’m a musician, and head of a band. I’ve been having problems with the person who was booking us since September 2009. It started with me being poorly informed about jobs we were supposed to do, which led to an argument. I didn’t like the lack of even basic respect she showed me, so it all led to an argument. I told her I don’t want to work together anymore. We never had a contract, but a spoken agreement that she would earn 10-15% of everything we earned. That’s it. Now she’s been trying to get me to pay her large sums of money for phone calls and other “work” she did, but there was never anything agreement that she would be paid for such promotion. I’ve got letters from festivals saying that she was impossible to work with, and that she had a very rude and unprofessional demeanor. I wrote to her in October 2009 asking to remove our information from her website no later than December 31, 2009, but it’s still there and she’s still trying to get money out of me. I think I have fair reason to assume that people have been contacting her to book us and she’s been turning them away. I had to get another booking agent to handle a few contracts, but this is all still going on. I want it to stop. I do not want to pay her money she does not deserve, I want our information off of her website, and I want compensation for the last 7 months that she has had our information on her website.

Best answer:

Answer by U Hate ME! U Really HATE ME!
You need to sue her to cease and desist.
Don’t worry about not paying her, no contract was ever signed.
Even if a verbal agreement was made, her cut was from what you earned, not from making phone calls.
I doubt you will get any compensation for the last 7 months your info was on her website, since you cannot prove what may have been lost.
Also, talk to your current booking agent. They may have a few ideas for you as how to deal with her.

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