On Aug 12, 2005, at 21:39, Christopher Dailey wrote:
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On Aug 12, 2005, at 17:58, Daniel wrote:
On Aug 12, 2005, at 20:32, Jim Dynes wrote:
On Aug 12, 2005, at 6:10 PM, Christopher Dailey wrote:
It seems to be a standard practice now. If you tire a consumer out
long enough they will forget or figure it's not worth the
frustration. Skip the BBB they really can't do anything,
(especially if the business is donating to them every year). First
get all your documentation in order receipts etc. If you called
them retain the phone bill showing the number called. Second, file
a consumer complaint with your state attorney general. (Usually
there is is a website where you can fill out a complaint). It
normally takes about three months for them to get a resolution. (at
least it does here in Washington). If that doesn't work notify your
credit card company in WRITING, submitting copies of all your
documentation and copies of the complaint you have made to the
state attorney general's office. If the amount is small the bank
will usually just eat it. If not they will get back to you with
different resolution scenarios. Such as return said item (showing
proof you have) or a partial refund. And most importantly, don't
forget small claims court if the firm has any sort of business in
your area. (Not always under the same name or business). In some
states they are required by law to have a attorney represent them
costing them far more in legal fees then the item itself cost.
The only problem I see with small claims court is Mac Mall is in
Torrance California and I live in New Mexico. Can I file here? Will
they actually come here to appear in court? The cost of their plane
fare will be more than the amount they ripped me off fore. Also, is
a New Mexico judgement enforceable in California?
Jim,
You were not defrauded in California - you were defrauded in your
home county, so that is where you would file. Airfare and other
costs would be their problem. If you win a judgment against them, it
should be enforceable in California, but it might be a problem to
find someone willing to collect.
Daniel
With my own small claim submissions you have to file in the
jurisdiction that the firm is located in. This means if they have a
subsidiary within your area you could serve that location even if that
is not where you bought the item. So it would go something like this.
You bought the item from the store in Torrance, CA but they have a
shipping facility in say Albuquerque, NM which is owned by MacMall.
You could have the court subpoena served or sent there. (You would
also have to file the complaint there).
Well, I should point out that I am not a lawyer, but my understanding
was that you filed in your jurisdiction, not the other party's.
Still, you need to use your Attorney General's consumers office first
to try to get satisfaction. It doesn't cost you anything. Your paying
taxes to support it, so use it. Most companies don't like to see
letters from that office and will settle to avoid the possibility of a
class action suit from there if enough consumers in that state
complain. Small claims involves a filing fee. A fee to serve the
subpoena. Personal time to show up in court, possibly more then once.
Finally substantial fees can be incurred in seizing assets to get
restitution.
You are right in that his first call should be to his state's Attorney
General's office, which is why I suggested that. A claim of false
advertising is for the AG to pursue, not for him to pursue.
Daniel
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