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Brandon M.
Brandon M., Counselor at Law
Category: Legal
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Experience:  Attorney experienced in numerous areas of law.
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An online, work from home business made me believe that if

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An online, work from home business made me believe that if I sent them 1,000 dollars overnight, then I could sit back and watch my mailbox fill up with payments. However, I have not received one penny, yet. I have called and talked to the owner concerning this matter, and he keeps telling me to wait, and the money will come. Never-the-less, no money has come my way. And, now all I get is the company's answering machine when I call them. I simply want a refund, even though, I was told by the company I cannot get a refund. (The customer is suppose to be right, especially when false advertising leads you to believe you will be making money by this company's 100% automated services.) I also, believe this company is re-routing my customer's leads to themselves for their own self-profit, which is a form of fraud. I have paperwork, cashier's check and other information to show why I feel as though I have been scammed. I have also contacted the BBB on this matter, and they told me to wait 30 days while they try to contact this particular company in my behalf. The BBB also stated that if not resolved in 30 days, to contact them again. And, this is going on day 20, and I still haven't heard anything from this company. What should I do next? I want to sue them for my loss and for misrepresentation. And, possibly contact others who have been scammed by this same company, so that I can sue for even more money for all the mental anguish, time loss, bad customer service and false advertising. Please respond back, and let me know what I should do, and if I have a case against this company. Thank you. Sincerely, XXXXX XXXXX
Hello Rose:

Thank you for entrusting me with your question. I first have to make a disclaimer: it is technically impossible to interpret one clause of an order, contract, or agreement without examining the entire document or the context of the document. It is like showing you a picture of an elephant trunk and asking you to identify to what animal it belongs--you could say with great confidence that it is probably a trunk of an elephant, but without examining the animal to which it is attached you could not say for certain. So, please understand that my answer is not based on complete information and it therefore is potentially incomplete and it should not be relied upon as complete.

That said, I am very concerned by your description of the facts. My immediate instinct is to suspect criminal fraud based on your description that this company took your money and delivered nothing in return. That would generally make for a criminal matter, not a civil matter, and I would therefore suggest that you consider making a complaint to law enforcement (using their non-emergency line, of course).

Even if it is not fraud, a breach of contract is still a civil matter and "yes" it would constitute a basis for lawsuit. A contract is formed where there is a bargained-for-exchange; you promise something of value and you are promised something of value in return. The failure to deliver as promised is a contract breach and the aggrieved party may sue for the losses that result from the breach.

Let me know if further clarification is needed. Also, please feel free to ask me another question – if you’re a subscriber, you can do so at no additional cost beyond your monthly payment. Please bookmark my profile page here so you can come back and ask me a question anytime: http://www.justanswer.com/law/expert-trialmaster/. Thank you.

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