class-action lawsuit against huge corporation

[lucid vein]

What is the name of your state (only U.S. law)? KANSAS

I have no idea if this is the best forum for my question. If it's not, can we move my thread or will someone advise me where to post my questions?

How does anyone get a class-action lawsuit going?

Are phone directory/advertising companies responsible for the quality of information they publish?

A certain gigantic company that publishes phone directories has published a great number of obviously dubious businesses within the category “Locks and Locksmiths”.

On the several occasions (over a few years) that I talked informally with a sales rep from that company about how those new listings are frauds that are misquoting their prices and then harassing their customer for 2 - 10 times the quoted amount, he replies in essence, “Not our responsibility”.

I don’t see how that can be true. Surely they’re responsible for the quality of information that they publish in their books? If that information is known (and has been for a couple years, at least) to lead to fraudulent business transactions (to the tune of millions of dollars in most of the larger cities across the United States), then they must remove that information. Surely there’s a law that requires them to check their advertisers, especially in a field widely known to be flooded with frauds.

My sales rep says "we're working on it”. But then when I ask if they’re removing the 1200 inline listings of frauds, he says “No, those are FREE listings, so we cannot take the time and effort to check all those companies”. Which means they aren’t really “working on it”.

10’s of thousands of Americans have been ripped off by fraudulent locksmiths. And this company knows it. And for a few years now they have willingly put some extremely dubious-looking business names and advertising into print, in full knowledge that this field is rife with frauds. It’s driving many legit locksmiths out of business. And all locksmiths are paying MORE money for the same size ads, because as this company lets more people list inside the locksmith heading, then the space for locksmith ads in their book becomes more valuable. So, by allowing easily identifiable criminals to advertise, they profit not just from listing the frauds (who also buy the full-page ads too) but also from swelling the category “locksmiths”.

I think this company bears some responsibility for the locksmith swindles happening nationwide. But I don’t know the law well-enough to be sure they could be held legally liable for the damages caused when people trust their printed information and get scammed as a result of trusting it.

I’m just looking for some opinions. I’m in Kansas but the problem is far broader than just in this state. It’s probably an issue in yours too, in whichever of the United States you're located.

Thanks for any info.What is the name of your state (only U.S. law)?

[Proserpina]

Would this company be, by some chance, the same big phone directory people against whom you already have a beef for a somewhat different reason?

[JETX]

Originally Posted by lucid vein

I’m just looking for some opinions. I’m in Kansas but the problem is far broader than just in this state. It’s probably an issue in yours too, in whichever of the United States you're located.

Sorry, but since you suffered no 'damages' to what you claim... you have NO standing to pursue any litigation against anyone and they don't even have to listen to you.

Either that, or you are asking us for 'opinions'.. because it is your homework assignment.

[lucid vein]

Originally Posted by Dogmatique

Would this company be, by some chance, the same big phone directory people against whom you already have a beef for a somewhat different reason?

You're referring, I guess, to the company that delayed in splitting the bill between an ex-business partner and myself. Actually I wrote the president of that company and the matter was resolved.

This is a different issue. And while that one company is also implicated in the NATIONWIDE problem that I'm discussing, it's actually THE OTHER even more gigantic phone directory people that I'm focussing on now.

Of course I have a beef against the phone directory people. Thousands of people do, and rightly.

[lucid vein]

Originally Posted by JETX

Sorry, but since you suffered no 'damages' to what you claim... you have NO standing to pursue any litigation against anyone and they don't even have to listen to you.

Either that, or you are asking us for 'opinions'.. because it is your homework assignment.

What about the people who have suffered damages? I didn't ask "can I sue them?" I asked "can people sue them?" And "Are they legally responsible for the integrity of the content of their publications?" The topic is about the potential for a class-action lawsuit.

[Proserpina]

Originally Posted by lucid vein

What about the people who have suffered damages? I didn't ask "can I sue them?" I asked "can people sue them?" And "Are they legally responsible for the integrity of the content of their publications?" The topic is about the potential for a class-action lawsuit.

1. Yes. People can sue for just about anything at all.

2. Can it can be proven (for example) that Big Phone Company allowed Bob's Fake Locksmith to advertise despite knowing that Bob's Fake Locksmith is not actually a Locksmith's at all, but merely a front for an illegal operation?

[lucid vein]

Originally Posted by Dogmatique

1. Yes. People can sue for just about anything at all.

2. Can it can be proven (for example) that Big Phone Company allowed Bob's Fake Locksmith to advertise despite knowing that Bob's Fake Locksmith is not actually a Locksmith's at all, but merely a front for an illegal operation?

I don't know if it can be proved that they knew. It's hard to imagine they can't recognize something extremely bizarre is going on. 5 years ago the KC Metro had a few dozen locksmiths with names like Bob's Locksmith. Now it has 1300 names like "A A A 24/7 Emergency Locksmith Alawayes Available 25/7 Emeregncy Service" in it. (The misspellings are intentional to get across that they do actually OFTEN misspell their own business name).

That's unusual enough I'd look into it if I were an employee of the company under discussion.

The Attorney General in Missouri is suing one of the 5 or 6 primary locksmith companies that all these fake company names in cities nationwide are fronts for. But it'll accomplish nothing, because they've been sued by a couple AG's in other states before. So, since it seems impossible to get rid of the frauds, or even to control them, and because I know the phone companies have been notified by both AG's and consumers and locksmiths in the past few years, I'm wondering how such a massive amount of obviously spurious information can so easily enter a phone book, and remain there... even continue growing in spite of the widespread knowledge of who these people are and what they do.