Dealing with District Attorney's Consumer Fraud Unit?

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

I received an email from the district attorney about some complaints against my business. They want me to call them but I want to be sure I have everything straight. Do I need a lawyer to speak with them? Will they provide me one free of charge? Thanks

DA's don't solicit information via email. If they want to talk to you, you will get a letter or a visit. Delete the email; it is a phishing attempt.

Actually I'm sure it is them because I have been ignoring their letters and they called my company and someone gave them my email. I just want to know if I should have a lawyer to speak with them and if they'll provide it. It would be a pretty sensitive conversation and I wouldn't want to make any mistakes.

Why don't you call and find out what they want.

If the conversation turns legal, terminate it and seek counsel. Obviously, you need to stop defrauding people.

Well we offer a decent service and always conducted by the terms of service though it is difficult to please everyone on a low budget. So if the conversation turns legal am I able to get free representation or is that only if I am charged with something? Thanks.

Free representation only comes if YOU personally are charged (or at least arrested and the wish to question you IN CUSTODY) and YOU are indigent and unable to pay for your own counsel. It's not some default you get because you're just unwilling to pay.

What do these letters and emails you are ignoring say?

Well they were sending me letters stating "so and so customer has filed a complaint they have not received a refund/received service etc." I stopped responding to them because I moved overseas and didn't even know I was still getting them. Now heres the tricky part, back in April I sold my website to my non US citizen wife who opened an identical company with the same name overseas. We've been operating under this overseas company for the tax benefits so some of these complaints to the D.A may be mistaken identity. Nonetheless, if the DA comes after me can they tackle my website even though its under my wifes name now?

So I spoke with the DA today and he stated that they were making an inquiry about 20 consumer complaints they received whom were seeking restitution. He told me that the restitution sought was a total of $2,200 and would be sought in small claims if they decide to press charges. He asked me to explain why we were receiving the various complaints in which I stated that we would need to review each case on an individual basis. I also told him that we had relocated overseas which he sounded pretty disgruntled about. So is there a possibility that they are going to tackle my website or paypal account?

newline1 said:

So I spoke with the DA today and he stated that they were making an inquiry about 20 consumer complaints they received whom were seeking restitution. He told me that the restitution sought was a total of $2,200 and would be sought in small claims if they decide to press charges. He asked me to explain why we were receiving the various complaints in which I stated that we would need to review each case on an individual basis. I also told him that we had relocated overseas which he sounded pretty disgruntled about. So is there a possibility that they are going to tackle my website or paypal account?

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What kind of product or service do you sell?

Frankly, if you used paypal you're likely headed for screwage anyhow. Your ripped off customers won't even have to go to small claims. They'll just protest (perhaps with PayPal, perhaps with whatever credit card they used to back the transfer). Paypal will just roll over and refund and if there were credit card chargeback fees pass those along to you as well.

Antigone*of*Greece said:

What kind of product or service do you sell?

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We are a publishing company and sell my e-book on real-estate purchase, we also provide live customer support on the process that the book teaches so there is some recurring billing with that. Now we always get these clients that end up not reading the book (or the terms of service for that matter) and get all crazy on us when we charge them monthly.

FlyingRon said:

Frankly, if you used paypal you're likely headed for screwage anyhow. Your ripped off customers won't even have to go to small claims. They'll just protest (perhaps with PayPal, perhaps with whatever credit card they used to back the transfer). Paypal will just roll over and refund and if there were credit card chargeback fees pass those along to you as well.

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I do not think any of these complaints came from our paypal account but rather our merchant account, though I am not 100% sure because they have not provided me a list of complaints. I am just worried about the D.A. contacting our webhosting to shut us down, as well as contacting paypal and the merchant processor recommending they shut us down also.

You're still open to chargebacks even on a credit card account.

The DA won't get involved in purely civil matters (people upset with the quality of what you stuck them with, etc..) but if the pattern of complaints indicates that you may have perpetrated fraud, you've got bigger issues than your website going away.

They've got no authority to force the website to take you down for this.

FlyingRon said:

but if the pattern of complaints indicates that you may have perpetrated fraud

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Well our terms of service are shady..it was copied from the BANK! We require the customer to fax us a cancellation form to stop recurring charges, we observe the right to change the billing terms with a 30 day notification by email. I believe this is where most of the complaints are coming from

newline1 said:

Well our terms of service are shady..it was copied from the BANK!

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Ah, so you are a copyright infringer as well.