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Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 33803
Experience:  15 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
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I have a question regarding small claims and Apple. I live

Customer Question

I have a question regarding small claims and Apple. I live Louisville, I purchased a product through Amazon and it is now locked ;like a brick. They refuse to assist because the proof of purchase isn't the original seller. If I file in Louisville will they be able to weasel out of it because it's not the city of their headquarters or Amazons headquarters?
JA: Because laws vary from state to state, could you tell me what state is this in?
Customer: KY
JA: Have you talked to a lawyer yet?
Customer: NO
JA: Anything else you think the lawyer should know?
Customer: YES OK
Submitted: 3 months ago.
Category: Legal
Expert:  Stacy Adkins replied 3 months ago.

Hi, thank you for your question today. Have long ago did you purchase your phone from Amazon? Was it directly from them or from a third party vendor? Have you reached out to them for assistance?

Expert:  Barrister replied 3 months ago.

Hello, different expert here... It looks like your original expert was called away so I will assist..

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If you filed in Louisville, Apple would fight it by claiming that KY didn't have personal jurisdiction over the case to force them to come to court and defend. Then you would have to argue that they have "sufficient contacts" with KY through doing business and selling their products to anticipate that they could be sued here and they have voluntarily subjected themselves to KY jurisdiction.

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But the problem here is that you didn't buy from Apple....you bought from Amazon and Apple can claim that since it wasn't directly from an Apple store, they can't be held responsible for anyting that might have happened to it or what might have been done to it by the seller.

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However, simply by filing the suit, you might "encourage" them to settle with you rather than having their attorneys spend thousands of dollars in legal fees to defend..

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So just filing the suit might get you some results..

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thanks

Barrister

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