One of the most successful developers is taking on Dun and Bradstreet in court over incorrect publishing and ratings.
Roy Carroll Jr.’s Carroll Management and five of his other business units part of The Carroll Cos filed a civil suit against the national credit and business company Dun and Bradstreet (Dnb).
According to the lawsuit, Dnb published unfavorable ratings based on inaccurate information and understated the revenue and number of employees of Roy Jr.’s company as well of how long the group has been in business – then DnB allegedly refused to correct the information upon request of Carroll but then offered to make the adjustments if Carroll Cos. bought a certain credit report product.
Unrelated! The FTC issued an April 2022 order https://www.ftc.gov/news-events/news/press-releases/2022/04/federal-trade-commission-finalizes-order-against-dun-bradstreet-deceiving-businesses-failing-update in which the agency directed DnB to delete information business tell if incorrect or to reconfirm its accuracy.
Subjective Assessment – First Amendment Right?
Federal judge Catherine C. Eagles issued an order on Dec 13, 2023 dismissing the case primarily on grounds that Dnb ratings amounted to constitutionally protected opinion and that any incorrect factual information does not rise to the level of libel.
The judge also found that the claim of deceptive trade practice is also protected by the First Amendment, and rejected claims that Dnb misappropriated the Carroll Cos name not actionable by the corporate entity.
The Carroll organization’s representing attorneys of Maynard Nexsen however was asking Judge Catherine C. Eagles to amend and resubmit the complaint to address issues the judge raised in the dismissal.
The plaintiff, Roy Carroll Jr.’s Carroll Management and five other business units in The Carroll Cos, contented it should be allowed to restate more specifically what it contends are false assertions that removes First Amendment protection, and that relevant case law supports its contention that is has a case under unfair-business practice law.
Judge leaves door open with deadline for resubmittal of Case
Judge Catherine C. Eagles however seemed open to Carroll’s motions and allowed the resubmittal of the matter with a deadline for January 30, 2024.
About Roy Carrol Jr. and the company:
The Carroll Cos. began building custom homes in the early 1980s and later entered multi-family construction and management as well as commercial and industrial site development. In addition to its operation in the Triad* area, the group also works in Texas and Tennessee and runs a self-storage company named Bee Safe Storage.
Roy Carroll Jr, the company’s found and president was listed in Forbes as among the wealthiest Americans and worth about $2.9 billion.
Relevant and Interesting Links:
The Triad* area!
The Triad area, is a region in North Carolina that is made up of three major cities: Greensboro, Winston-Salem, and High Point. The region boasts a strong economy, with major industries like healthcare, education, and technology. The cost of living is relatively low compared to other metropolitan areas, making it a great place to call home. The Triad Area is home to several prestigious universities, including Wake Forest University, Elon University, and the University of North Carolina at Greensboro, making the area an up-and-coming hub for innovation.
