Consumer Protection Law
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Thank you for your reply.
You are describing breach of contract, which entitles you to actual damages (damages you can prove) and it also seems to be an unfair and deceptive business practice which can entitle you to three times the damages plus attorney's fees for their conduct.
So, you can prove that they did not do as they promised, so if you can prove the value of everything they caused you to lose, then triple that for unfair and deceptive practices, you can sue them for all of those damages, plus your attorney's fees.
This is an actual damage type claim, so you have to prove the actual costs you incurred from their practices and you can sue them in small claims for that damage.
If they are also stealing your credit information, you also need to report this to the state attorney general's office for them to investigate and also to the US Secret Service, since they handle theft of credit card information.
It is about their fraud and unfair practices, I get it for sure. You can sue them for all of that in small claims court and seek to get all of your money back, plus damages for their unfair practices as well. You should sue them in small claims court for up to triple damages on top of the money they owe you and you do not need an attorney for small claims court.
Here is a link with the information to sue in Texas small claims (justice court): http://texaslawhelp.org/issues/consumer/small-claims-court
You go to your local county court and ask the court for the small claims forms for you to fill out and file.
You can sue in Texas up to $10,000, but you can sue only for your actual damages you can prove plus 3 times that for unfair practices.
Thank you for your reply.I thought they actually took your money. If you did not suffer any actual loss then legally you cannot sue because you have to prove you suffered some loss of money.
You cannot sue if you did not suffer any ACTUAL loss though, that is a requirement to file suit against them. All you can do in that case would be report them to the Texas Attorney General Consumer Protection Unit for investigation.