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Actual Damages (Hypothetical Situation)


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Person X has an offer contingent upon obtaining a Security Clearance. Person X pulls their credit and finds several erroneous items there and DV each CA and disputes with the CRA.

If the clearance is eventually denied due to the credit factor, but everything else is mitigated, would this constitute "actual damages" if ever brought about in a complaint?

If so, would the actual damages equal the amount of the proposed employment contract or some other amount?

If not, why not? Hypothetically speaking of course.....

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It would, but proving the actual damages would be difficult. I doubt you'd get the full amount of the employment contract, especially since the purpose of the lawsuit you file would be to remove the negative information, which gives you a good shot at the job. If somebody else was hired, you'd get nominal damages, not that much. They'll argue stuff you never dreamed of.

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