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Notice of intent to file a class action law suit.

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Xieon

Junior Member
What is the name of your state (only U.S. law)? Massachusetts.

I believe this is the correct section, and I apologize if it is not.

Essentially I have had a problem with a company that has now gone on several months. After being thrown from person to person I was told that the only people who could possibly assist would be the legal department.

I plan on writing the department a letter, detailing the issues, and that I simply would like my retribution ($15 ridiculous correct). I plan on stating that I feel the company has committed conspiracy to commit fraud, fraud, and theft, and that I plan on using my individual case as the basis of this suit.

I would like to know if there is a format that I should use to state my intent to file such a suit in the future, although I would rather resolve the matter out of court. I want to make sure I'm not coming across as threatening, so I'd like to follow the best procedure for such a document.
 


Zigner

Senior Member, Non-Attorney
What is the name of your state (only U.S. law)? Massachusetts.

I believe this is the correct section, and I apologize if it is not.

Essentially I have had a problem with a company that has now gone on several months. After being thrown from person to person I was told that the only people who could possibly assist would be the legal department.

I plan on writing the department a letter, detailing the issues, and that I simply would like my retribution ($15 ridiculous correct). I plan on stating that I feel the company has committed conspiracy to commit fraud, fraud, and theft, and that I plan on using my individual case as the basis of this suit.

I would like to know if there is a format that I should use to state my intent to file such a suit in the future, although I would rather resolve the matter out of court. I want to make sure I'm not coming across as threatening, so I'd like to follow the best procedure for such a document.
Honestly, it doesn't matter HOW you write the letter. Keep it as simple and as short as possible. The legal department at the company will enjoy the laugh and they will ALSO appreciate the brevity so that it doesn't take away too much time from the workday.
 

tranquility

Senior Member
I agree with Zigner. Even if you had a case which was lock tight, the best you could hope for is a small claims judgment. But, for $15, it is not worth the time.

They will not fear your threat of suing them for conspiracy, fraud or anything else. The risk to them is your damages. $15, no matter what you call it.

As to the class action, that is what is known as "complex litigation". There is no company on the planet who fears the threat of "complex litigation" from a person who is not an attorney with access to a lot of money to prosecute such a suit. Not just an attorney, an attorney with a LOT of money.
 

Mass_Shyster

Senior Member
They will not fear your threat of suing them for conspiracy, fraud or anything else. The risk to them is your damages. $15, no matter what you call it.
Actually, the Massachusetts consumer protection laws (Chapter 93A) allow for treble damages where bad faith can be shown, so they may be looking at $45.
 

Zigner

Senior Member, Non-Attorney
Actually, the Massachusetts consumer protection laws (Chapter 93A) allow for treble damages where bad faith can be shown, so they may be looking at $45.
Not disagreeing -but based on what the OP has stated, we have no reason to believe that the company is acting in "bad faith" - now we're back down to $15 ;)
 

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