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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 90937
Experience:  Attorney experienced in commercial litigation.
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I have found and made contact with many people who have been

Resolved Question:

I have found and made contact with many people who have been scammed by this windmill company out of California. I have contacted the California AG's office about the complaints and the did try to contact the company (still in business) but the company did NOT reply or respond to the California AG.
Question: It appears it would be too expensive for us to individually bring suits against the company because they are in California and they don't have "presence" in our state(s), however, would a class action suit change that?
At what point would what appears to be interstate commerce fraud (based on all the complaints, reach some type of threshold wherein we can bring action against this company from our home states without having to travel to CA?
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  Fran-mod replied 1 year ago.
I'm Fran, and I’m a moderator for this topic.

We have been working with the professionals to try to help you with your question. Sometimes it may take a bit of time to find the right fit. I was checking to see if you had already found your answer or if you still needing assistance from one of the professionals.

Please let me know if you wish to continue waiting or if you would like for us to close your question.Also remember that JustAnswer has a multitude of categories to help you with all your needs from Health, Pets, Computers, Cars, Finance, Law, to Home Improvement, and more.
Customer: replied 1 year ago.

Yes, Keep trying to answer my question.


What additional information do you need?

Expert:  Fran-mod replied 1 year ago.
Hello Mark,

We need no further information at this time to search for a consumer protection professional for you. If the lawyer needs more specific information from you, he will let you know after he picks up the thread.
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

What would happen in a case like this is that they would be capable of being sued in either CA or in a federal court in any state, based on them purposefully engaging in commerce in those states. The best way to handle a case like this is through a consumer protection attorney and giving the attorney the information on all of the individuals who have been scammed and what they will do is file one suit against the company with all of the plaintiffs and will seek to get it certified as a class action suit because of the number of plaintiffs.

Your alternative is to sue them in your state alone on the basis that they purposely sold products in your state and as such your state's court has jurisdiction over them for the matter and you can proceed on your own and if any other consumers want to join in your suit, then eventually it can be turned into a class action.

These are the two legal means of pursuing them outside of suing in CA with all of the plaintiffs together as a class action using an attorney in CA.



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Law Educator, Esq., Lawyer
Satisfied Customers: 90937
Experience: Attorney experienced in commercial litigation.
Law Educator, Esq. and other Consumer Protection Law Specialists are ready to help you
Customer: replied 1 year ago.

I need one or two clarifications, then we should be done.


1: When you say I can sue them alone here in VT based on the assertion that they purposly sold products...I assume you mean they knowingly sold defective and/or products that were not as adverstised.


 


2: Do I have to find other defrauded VT customers to bring my case to the VT courts, or just the fact that I have a list of people with the same complaints from many other states will suffice?

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your response.

1) Yes, under the laws of jurisdiction, International Shoe Co. v. Washington, 326 U.S. 310,XXXXX 154, 90 L. Ed. 95 (1945), if the company purposely availed themselves of doing business in Vermont, such as advertising and selling products to consumers there, then the VT court can take personal jurisdiction over them there.

2) You do not need other VT customers, just you. As far as the other customers, they can seek to join in your suit or they can file their own suit in their states or the case can get moved to federal court if the amount in controversy is more than $75,000.
Law Educator, Esq., Lawyer
Satisfied Customers: 90937
Experience: Attorney experienced in commercial litigation.
Law Educator, Esq. and other Consumer Protection Law Specialists are ready to help you

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