How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask TexLaw Your Own Question

TexLaw
TexLaw, Attorney
Category: Legal
Satisfied Customers: 4265
Experience:  Lead trial/International commercial attorney licensed 11 yrs
17219180
Type Your Legal Question Here...
TexLaw is online now
A new question is answered every 9 seconds

suing an advertisement company

Resolved Question:

can i sue yodle for changing our phone number online to a disconnected phone line? Our customers think we are out of business. they told us once we cancel with them they will change everything back to our phone number.

Submitted: 2 years ago.
Category: Legal
Expert:  TexLaw replied 2 years ago.

Yes,

This would be a fraudulent misrepresentation. What kind of contract do you have with Yodle?

-ZDN

Customer: replied 2 years ago.

no contract i cancelled with them over 6 months ago. they said when we stop using them they will give us control of the ads and place our number back

Expert:  TexLaw replied 2 years ago.

I think you have several things you could sue them for: Fraud, Negligent Misrepresentations, Violation of the Texas Deceptive Trade Practices Act, to name a few.

What do you want the outcome to be?

Customer: replied 2 years ago.
Well I'm in California how can I sue them if I'm here . We had over 490 hits and not 1 phone call we do ac and heating we have not got one call from the Internet. We want them to restore our number and pay for damages we lost a lot of business
Expert:  TexLaw replied 2 years ago.

Is Yodle located in California as well?

Its difficult to assure you that it would be an easy claim. You would have to establish the lost business, which can be difficult. That being said, that you know how many hits you had in comparison to the amount of calls is good evidence. Along with an expert witness in marketing and accounting who has knowledge of your market, this could be turned into a damage claim.

However, getting them to restore your number is XXXXX less likely if you don't have an agreement in place with them to list your number.

That doesn't give them the right to mislist your number and divert customers, which is what they are doing. They should have simply taken your listing down, not misrepresented your number to potential customers.

Lets assume that out of every 400 people who saw the advertisement, you get 20 customers. Would the net profit you make from 20 customers justify paying a lawyer to go make the claim for you, or having to pay litigation expenses, hire an accountant to come put the damage model into place? This is the kind of money you would be able to recover.

If its, worth it, then lets talk about what you need to to do to file a suit and if you want to get a lawyer.

If not, then you should send a stern letter to them telling them to remove the false number altogether and threaten legal action if they don't. You can defintely get a court order for them to take the false number down. If that is the avenue you want to pursue, you need to file a suit against them requesting an injuction.

-ZDN

Customer: replied 2 years ago.

their headquarters is in texas, I am in california. I dont have the money to pay for a lawyer but the damages they cost us was easily 10,000 a month. We had a really hot heat wave and we made over 20000 in 2 month from home warranty calls and thats giving them a 50% discount because they give us work orders. that's about 6 calls per day for 2 weeks straight. If we got these calls from home owners using google than we would of charged them way more. Besides all those ads on google are the ones i did my self. They just went in there and added their number and website to it. I created those ads and they told me once they are canceled they will give me control of my ads. Arent there lawyers to take a case like this as contingency or maybe a class action lawsuit?

Expert:  TexLaw replied 2 years ago.
Thanks for your response.

I think you most likely have a good claim as if they are intentionally listing a disconnected phone number that was never your phone number, then there is fraudulent misrepresentation going on. Again, as a lawyer, I must tell you that the damages element of your claim is hard to establish. It would be very difficult to do without a lawyer, although you could give it a try based on what you've told me. I just would hate to see you get into court and lose by not having the expertise needed to present this sort of claim.

Just for clarification, let me explain the damages element and why it's difficult to establish. The type of damages you are seeking would be called lost profits. To establish this, you would have to show with reasonable certainty that you would have received business but did not because of the actions of Yoddle. Then you would have to show with reasonable certainty what the gross profits you were expecting from the business. Then you would have to determine the net profits from that, as you are only entitled to recover net profits in this situation.

These things would be very difficult to establish in your case. Because of the nature of your business, each job could cost a different amount, and might cost you a different amount in related expenses. Further, its difficult to say with reasonable certainty how many calls you would have received from google as opposed to home warranty calls. This is not to say that it is impossible to establish, but is to say that it is very difficult, and trying the same without a lawyer would greatly decrease your likelihood of success.

Finding a lawyer to take a case like this on contingency would be very difficult as well. This is because, as explained above, the damages in your case are hard to establish. A lawyer will only take a contingency case when they know that the damages are easy to establish and there is certainty as to the recovery of them. That is because the certainty of the damages is how a lawyer determines his/her risk when taking a case on contingency. You can certainly call around your area to see if anyone is interested, but I'm just warning you to not get your expectations up.

As far as a class action, this is of course possible if there are a large amount of people to whom Yoddle is doing the same thing. However, without any evidence of this, it would be impossible to talk about the likelihood of success.

Even though they are located in Texas, you could still do the lawsuit in California. I think it might be worth it to at least hire a lawyer to contact Yoddle to try and negotiate the take down of the false numbers so that at least people don't think your business is closed down. However, I think you are looking at having to pay legal fees and also having to hire an expert witness to truly present a strong case based on these circumstances.

Please let me know if you want to discuss this more or have further questions on this issue.

-ZDN
TexLaw, Attorney
Category: Legal
Satisfied Customers: 4265
Experience: Lead trial/International commercial attorney licensed 11 yrs
TexLaw and 8 other Legal Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
 
 
 

Meet The Experts:

 
 
 
  • Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    19941
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Attorney

    Satisfied Customers:

    8189
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/jespoag/2008-12-17_222355_jessepic.jpg JPEsq's Avatar

    JPEsq

    Attorney

    Satisfied Customers:

    2132
    Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor
  • http://ww2.justanswer.com/uploads/gsenmartin/2008-04-22_214950_me1.jpg Guillermo J. Senmartin, Esq.'s Avatar

    Guillermo J. Senmartin, Esq.

    Attorney

    Satisfied Customers:

    110
    7+ years of experience handling various legal matters.
  • http://ww2.justanswer.com/uploads/PA/PaulmoJD/2013-10-10_195858_JAImage.64x64.jpg Law Educator, Esq.'s Avatar

    Law Educator, Esq.

    Attorney

    Satisfied Customers:

    31621
    JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    15975
    Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
 
 
 
Chat Now With A Lawyer
TexLaw
TexLaw
Attorney
2722 Satisfied Customers
Lead trial/International commercial attorney licensed 11 yrs