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Ask Ely Your Own Question
Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 101542
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I've been going to this company called light rx where i've

Customer Question

i've been going to this company called light rx where i've been recriving laser treatments that's suppose to remove the fat from around my stomach. After 6 weeks of 2 different types of treatments, 3 treatments a week I don't see any results. I've already given them $1,300. I've decided to discontinue treatments. I"'ve reported them to BEtter Business Bureau. I want my money back!!!! Can I take them to small claims court?
JA: Because laws vary from place to place, what state is this in? And can you tell me what's been officially filed?
Customer: I live in Missouri
JA: Has anything been filed or reported?
Customer: I told you I reported them to the Better Business Bureau
JA: Anything else you want the lawyer to know before I connect you?
Customer: I just want to know what are my chances of getting my money back because they did not deliver what they claimed they would deliver and what I have paid for
JA: When we are ready I'll take you to the appropriate web page.
Customer: ok thanks
Submitted: 3 months ago.
Category: Legal
Expert:  Ely replied 3 months ago.

Hello and welcome to JustAnswer. 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 am sorry to hear about this situation. The answer is yes, if they are not doing what the contract/advertisement says that they should be doing. This would be a breach of contract claim. " To make a claim for breach of contract, ‘the plaintiff must show the existence of a contract or agreement and the terms of that agreement, that the plaintiff performed or tendered performance, that the defendant did not perform, and that the plaintiff was thereby damaged.’ " Shirley's Realty, Inc. v. Hunt, 160 S.W.3d 804, 807 (Mo.App. 2005).

However, note that if you signed a contract, then take a look at it to ensure that:

-it does not have some kind of clause having you waive liability; and

-it does not have a mediation or arbitration clause (which can mandate that you approach a mediator or arbitrator prior to suit).

I hope this helps and clarifies. Please use the SEND button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of THREE OR MORE STARS and then click FINISH to submit that rating, as this is how experts get credit for our time. Rating my answer the bottom two stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating (it does not cost anything extra to rate).

Customer: replied 3 months ago.
what if there is a wave of liability in my contract. and what is a mediator and an arbitrator. does this mean I will be wasting my time if I took them to small claims court. do I need a lawyer to take them to small claims court
Expert:  Ely replied 3 months ago.

If there is a waiver of liability, then it depends on the verbiage but essentially, it means you give up your right to sue, unless you can show that the action was malicious or grossly negligent.

If there is a mediation clause, it means that you must attempt to mediate before a mediator before going to Court. Negotiate, in other words, with a third party controlling the negotiation.

If there is an arbitration clause, this means you can still pursue the matter, but must do so via arbitration - a third party arbiter (decision maker) will hear the case in their office and make a decision. Arbiters are often retired judges or senior attorneys.

Gentle Reminder: Please, use SEND button to keep chatting, or RATE THREE OR MORE STARS and click FINISH to submit your rating when we are finished. You may always ask follow ups at no charge after rating.

Expert:  Ely replied 3 months ago.

Hello again. This is a courtesy check in to see if you needed anything else in regards ***** ***** question because you never responded or replied positively. I am simply touching base. Let me know. Thanks!