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CalAttorney2
CalAttorney2, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 10238
Experience:  I am a civil litigation attorney representing individuals and businesses.
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Is there any legal action that a group of people can take

Customer Question

Is there any legal action that a group of people can take against an online company who has neglected answering customer service inquiries after not sending packages but successfully charging credit cards? There is a "No-Returns, No-Exchanges, All Sales are Final" policy and it also states that "All successful orders from [the date of the group's orders] have been shipped." and the typical "We are not responsible for packages that are not sent."
Tracking information was made very difficult to obtain and when contacting the carrier, they made sure to point out that they did not receive the packages.
New information has now surfaced that batches of product were "lost" and "potentially sent to the wrong location" from the same date of our orders, without any notice on their website and they refuse to make public announcements or notifications for the group missing their money/orders regarding whereabouts.
No refunds are being promised, nor a shipment for these batches.
To be more specific from this past message :
1. The CARRIER has not yet received packages of product to ship out to customers, it is still in the hands of the manufacturer.
2. The MANUFACTURER has dislocated batches of product, meanwhile falsely claiming on their website that all "successful" orders from that date have been shipped to customers.
Please let me know if there is any other information you need in order to answer my question.
THANK YOU SO MUCH.
Submitted: 11 months ago.
Category: Consumer Protection Law
Expert:  CalAttorney2 replied 11 months ago.

Dear Customer,

The easiest mechanism for consumers to deal with this is to contact the California Attorney General's Office: https://oag.ca.gov/contact/consumer-complaint-against-business-or-company

  • This option can result in the AG investigating and prosecuting the company/controlling employees for criminal or administrative penalties
  • Unfortunately it will not necessarily result in you recovering your funds (that is not the AG's primary purpose) - but sometimes that will occur.
  • This requires very little from you.

The other mechanism you can look into is trying to get a class action lawsuit started for breach of contract and violations of California Business and Professions Code provisions.

  • This option will potentially result in a monetary recovery
  • You must find a class-action attorney willing to accept the case (you cannot prosecute a class action suit as an individual - and class action law firms must be "certified" by the court prior to being approved as a class)
  • These take a long time

You can also simply sue individually in small claims court: http://www.courts.ca.gov/selfhelp-smallclaims.htm

  • This is fast and easy to do, it is very informal
  • It will not allow you to sue as a group.

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