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This company got 8,500 from my elderly disable mother. She

is no broke and living...
This company got 8,500 from my elderly disable mother. She is no broke and living off off 700 a month. What is her best recourse?
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Answered in 2 minutes by:
3/17/2013
xavierjd
xavierjd, Lawyer
Category: Criminal Law
Satisfied Customers: 3,400
Experience: Over 20 yrs experience in prosecution and defense work
Verified
Thanks for using JustAnswer.com. It will be my pleasure to assist you today.

I am SO sorry for your mother. It is hard enough to live on a fixed income, let alone have a company take her life savings.

What type of company was it?

How did they get her money from her?

Do you think it was a scam? If so, how?

Thanks
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Customer reply replied 4 years ago

The companys name isXXXXX Based out of Chandler AZ they stated they could help her create a website that she would recieve unlimited earning potential with. I got onto their website it shows they charge a typical client 2999.99 for everything. They charge my mother 8,500 3 weeks later she recieve some bogus website with links to companies like wal-mart etc etc. She even tried to purchase a tv off of her own website but it wouldn't work. she asked her bank to do a reversal they did for about a month then re-reversed it. In their contract it states that she only has 3 days to dispute, which is a crock if you ask me. then it goes on to say if she wants any type of dispute she must travel to AZ and go to mediation. Is there any way to stick it to this company ? They have many poor reviews of taking peoples money. Attached is a copy of her agreement. Thank you, XXXXX XXXXX be reached at XXX-XXX-XXXX

Hi,

Thanks for the detailed information. I want to do some digging and look up some things for you. I will be back with you asap with an answer. However, it may take some time.

Thank you for your patience.
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Hi,

Thanks for your patience.

The first thing that your mother may wish to do is file a Complaint against the company with the Arizona Attorney General's Office. She should file the Complaint in Arizona because that is where the company is registered.

Below please find a link to the Arizona Attorney General's page that indicates how to file a Complaint and the instructions for doing so. She may also want to call, write or e-mail the Attorney General to ask if there have been other complaints against this company. My bet is that there have been several.

https://www.azag.gov/complaints

Further, she can file a Complaint with the Attorney General's Office in the state where she resides. She can do this because the company is doing business in her state.

Your mother should also make a police report with her local law enforcement agency. She should ask to speak to a supervisor and/or a detective regarding the incident. You may find that there are other folks who have been "scammed" by this internet based company. The local law enforcement agency may do an investigation and if there is enough evidence of a fraud, the agency may present the case to the prosecuting attorney. If there is enough evidence of fraud, it is possible that criminal charges may be brought against the owner and/or registered agent of the company and anyone else involved. She can file a police report with her local law enforcement agency (sheriff's or state police) because the company is doing business in Arizona.

The contract that you sent is DEFINITELY one sided. If your mother was informed that the cost would be $2,299.00 for all services, and your mother was charged $8,500.00, there may be a civil breach of contract action. However, in order to proceed with that action, your mother may have to travel to Arizona to resolve the case.

The company has definitely covered it's behind. But, if your mother was fraudulently induced to sign the contract, or is deemed incompetent (because of physical or mental deficiencies), that may invalidate the contract. Moreover, the services provided are not appropriately described. What does "web traffic 150,000" mean? If it means that your mother should have 150,000 hits on her website, then in what time frame should that occur? There are also other technical problems with the contract.

Honestly, this DEFINITELY sounds like a scam. If your mother files a Complaint with the Attorney General in Arizona and in her state, as well as file a police report, that will be the first step in attempting to regain her monies.

Next, you should try to contact an attorney who specializes in civil law in Maricopa County in Arizona. That is where any contract dispute will be decided. Sometimes, a telephone consultation is free or at a minimal charge. You and your mother can discuss the specific facts of the case over the phone, fax any necessary documents, evaluate her options for suing the company and decide how to proceed. A consultation with an attorney in Maricopa County will be worth any minimal charge.

Below is a link to the Maricopa County Bar Association Attorney Referral Page.

http://maricopalawyers.org/

I hope you find this information useful.

My goal is to provide you with excellent service – if you feel you have gotten anything less, please reply back. I am happy to address follow-up questions. If you are satisfied with my answer, please rate it as "excellent" or in another positive manner. That is the only way that I can get credit for answering the question.

Thank you for your business!

XavierJD




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Customer reply replied 4 years ago

I dug around as much as i could, my mother states she was looking for online work from home opportunities registered with some Joe Schmoe company when Website Innovations contacted her. Gentleman stated that she would more than double her investment. He then called her back later to state the total cost, when my mother told him her bank wouldnt authorize a transaction in that amount at on time but could do it in two different payments the sales rep from WI became upset. Other than that that agreement that I previously sent to you states somewhere that all documents can be viewed in her online account. I clicked on the link that it gives you and no such online account exists, I took a picture of that screen for legal purposes. There was no disclaimer with any of the emails I I show for this company, isn't that enough for breach of contract ?


Thank you so much

Hi,

Yes. It may very well be enough for a breach of contract. And, the screen should be added to any Complaint filed with the Attorney General's office in both states, as well as with the local law enforcement agency in your mother's state.

That screen is just more evidence that the company may very well be scamming vulnerable people, like your mother.

Unfortunately, while technology has enhanced the way that we communicate, it also has been a feeding frenzy for those who wish to perpetrate scams on folks like your mother.

I hope you find this information useful.

My goal is to provide you with excellent service – if you feel you have gotten anything less, please reply back. I am happy to address follow-up questions. If you are satisfied with my answer, please rate it as "excellent" or in another positive manner. That is the only way that I can get credit for answering the question.

Thank you for your business!

XavierJD

xavierjd
xavierjd, Lawyer
Category: Criminal Law
Satisfied Customers: 3,400
Experience: Over 20 yrs experience in prosecution and defense work
Verified
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Hi,

Thank you so much for the "good service" rating! It is greatly appreciated and I am glad that you found the information useful.

If you have future questions, you can specifically request me by name as the expert.

Thanks again,

xavierjd

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xavierjd
xavierjd
xavierjd, Lawyer
Category: Criminal Law
Satisfied Customers: 3,400
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