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Ely
Ely, Counselor at Law
Category: Consumer Protection Law
Satisfied Customers: 101324
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Infolawyer and other attorneys, thanks my

Customer Question

Infolawyer and other attorneys, thanks for answering my questions. This question relates to incident about a year ago. A certain nonprofit tax preparer repeatedly failed to notify a client that the online tax filing was rejected by IRS and the correction
that had to be made. The nonprofit acted with malice/prejudice and wanted the client to miss the tax filing deadline and refund. Would the client have standing to successfully sue the nonprofit for any damages ensued?
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  Ely replied 1 year ago.
Hello and welcome to JustAnswer. Please note: (A) This is general information and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms; and (B) the site allows experts not participate in phone calls and I may or may not be able to participate in this feature. I am very sorry to hear about this situation. The answer is possibly, yes, the client may have standing to sue. Regardless of whether or not the entity was a non-profit, it is still liable under civil law. One may be sued for a variety of actions, and the first one that comes to mind is negligence, which is defined in NY as (1) the existence of aduty on defendant's part as to plaintiff; (2) a breach of this duty; and (3) injury to the plaintiff as a result thereof. Akins v. GLENS FALLS CITY DIST, 53 NY 2d 325 - NY: Court of Appeals 1981 (internal citations omitted; Prosser).If the actual individual working on the matter was a CPA, then another action for professional negligence which closely mirrors that of the above may also be involved. NOTE that whether or not the entity had a duty to notify of the rejection is up to the court to decide (judge or jury), and also depends on what exactly was agreed upon in contract and the standards of the industry. Again, their non-profit station is not an issue.Gentle Reminder: Please, use REPLY or SEND button to keep chatting, or RATE POSITIVELY and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.

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