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CalAttorney2, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 10244
Experience:  I am a civil litigation attorney representing individuals and businesses.
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I'm currently a customer of ClearOne Advantage and have been

Customer Question

Hello William,
I'm currently a customer of ClearOne Advantage and have been for over a year. They settled one small account, are working with another, but seem to be ingnoring 4 others. I am beng sued by a few of the creditors whom I had enrolled initially (now due to non-payment). Although ClearOne collected almost 10,000 in fees from me (some for the accounts suing me), they fail to communicate with the creditors. When one of their employees noticed the error on ClearOnes part, he informed me, and asked one of the VP's to contact me last evening to discuss options. The employee was fired an hour later. He is willing to discuss with my attorny the practices taking place that consumers may not realize. I would like for ClearOne to return the fees so I can forward them to the creditor. There's more to the story, but I don't want to take too much of your time. Thanks
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  CalAttorney2 replied 1 year ago.

Dear Customer,

I am sorry to learn of this situation.

If your claims are being ignored, but you are represented by counsel, it may be time to consider filing a civil suit for breach of contract, negligence, fraud, and likely several other additional causes of action that are relevant based on the details of your situation.

You may not need to pursue the claim all the way to trial, but initiating a claim (filing a complaint and serving a summons and complaint on the defendant) is often the motivation necessary to move a party that is stonewalling you into doing something.

Obviously you will want to coordinate this move with your personal counsel (this is a huge strategy decision - once you file and serve it is very difficult to "undo" this step), but if you are being blocked with reasonable efforts, it may be time to move to that point.

Filing a civil suit will give you access to additional information using the civil discovery tools (interrogatories, requests for production of documents, subpoenas, and if necessary depositions), it gives greater leverage to demands for mediation, and can help you move the matter forward.