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Dwayne B.
Dwayne B., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 32154
Experience:  Practicing for over 20 years and handled many cases and trials for consumers.
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I am a customer of They are a nationwide

Customer Question

I am a customer of They are a nationwide healthy food delivery company. They closed their doors this week, without notice. Many customers who have prepaid for their food are left high and dry. I am out $950 left on my account as the company requires prepayment of at least one month. Via the FreshDiet blog, which is still functioning, I have communicated with 11 of their clients but I have reason to believe there are thousands left in the lurch. Do we have any recourse?
Submitted: 3 months ago.
Category: Consumer Protection Law
Expert:  Dwayne B. replied 3 months ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts. Please note: This is general information for educational purposes only 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.

I need you to be more specific in your question(s) if you could. When we answer general ones like "what recourse do I have", "what do I do", "what are my rights", or "what are my options", we have to give general answers and, invariably, the customer responds with "I already knew that". This type of forum works better if you ask specific questions so we know exactly what you are looking for.

Customer: replied 3 months ago.
What do I need to do in an attempt to recover my money, $950 in prepaid food delivery, not yet delivered.
Customer: replied 3 months ago.
Am I still connected? Are you in the process of responding? Or, should I check back, later?
Expert:  Dwayne B. replied 3 months ago.

You can, of course, sue. You will want to get a lawyer to look at the documents to see if you agreed to venue or jurisdiction. Most contracts now have that in there and you agree to either arbitrate any disputes or sue them where they are located. Just because the language is in there doesn't mean it is enforceable but courts lean that way.

Since they were requiring payment in advance you may want to consider reporting the company to the Attorney General of your state or to the Federal Trade Commission because that may make it fraud.

Customer: replied 3 months ago.
I am in TX and the company is in FL. Which state should I contact?
Expert:  Dwayne B. replied 3 months ago.

Start with the Texas AG and see what they say. If there are enough people in Texas they may pursue it. If not, then try Florida.

Customer: replied 3 months ago.
Chances are slim, right?
Expert:  Dwayne B. replied 3 months ago.

No, not necessarily. The problem you have is that the amount is too small for you to spend a lot going after the company and then pursuing the guy that started it so it is much better if you can get the authorities involved.

Customer: replied 3 months ago.
Thank you. It's not a big amount of money but there are a lot of people affected and it was handled badly.
Expert:  Dwayne B. replied 3 months ago.

I understand. That's why I think the AG or the FTC may get involved. You can file an FTC complaint at

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