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socrateaser
socrateaser, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 37972
Experience:  Retired (mostly)
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Nothing at the moment. I want on the case with Wyndham that

Customer Question

Nothing at the moment. I want to follow up on the case with Wyndham that Dimitry helped with last year. Thnaks
JA: The Fraud Examiner will know what to do. Please tell me everything you can so the Fraud Examiner can help you best.
Customer: Wyndham caused me a great deal of stress and I want to know if I have any recourse. After months they had to pay PayPal money that they had fraudantly charged in my name using an electronic signature.
JA: Maybe if I was at a rave.
Customer: The signature was used when we signed in to an owners update for Shell Vacations Club at the Donatello Hotel in San Francisco
JA: Is there anything else important you think the Fraud Examiner should know?
Customer: All people involved have supposedly been discharged. The State Real Estate Division of Consumer Protection handled it.
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Fraud Examiner about your situation and then connect you two. I'll let you know when it is your turn.
Submitted: 10 months ago.
Category: Consumer Protection Law
Expert:  socrateaser replied 10 months ago.

Hello,

If you have suffered and you can prove an injury separate from your economic loss, and you can show that Wyndham's actions were intended to cause you emotional distress, and which further caused your injuries, then you can receive damages for that emotional distress.

However, proof of intentional infliction of emotional distress is one of the most difficult cases to win, because you need an expert, such as a psychologist or psychiatrist to testify to your mental distress and the injuries that were caused.

What this boils down to is that if you actually sought and received professional mental health care, then you you have a viable cause of action. Otherwise, in my opinion, you will not be able to prevail.

I take no pleasure in explaining the limitations of this type of legal action...but, you deserve a competent and accurate legal answer, and that is what I'm providing for you, so that you can best determine whether or not to expend efforts in this regard.

I hope I've answered your question. Please let me know if you require further clarification. And, please provide a positive feedback rating for my answer -- otherwise, I receive nothing for my efforts in your behalf.

Thanks again for using Justanswer!

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