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  1. #1
    Join Date
    Sep 2009
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    Default Consumer Fraud Class Action

    My question involves a consumer law issue in the State of: New York
    I am a customer of a Spring Water Home Office Delivery company in New York state. The product is sold as SPRING WATER but a long time employee of the company has informed me that the company is using TAP WATER for the last 2 years. It cost a lot to transport the SPRING WATER 100 miles to the bottling plant. The companies bulk water tanker trucks have not delivered SPRING WATER to the bottling plant for 2 years. The company has $10,000,000 annual sales and 30,000 customers.

  2. #2
    Join Date
    Mar 2007
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    Default Re: Consumer Fraud Class Action

    And the proof you are going to bring before a judge is.....?

  3. #3
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    Sep 2009
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    Default Re: Consumer Fraud Class Action

    The tanker trucks must travel 100 miles daily to pick up the Spring Water and transport it back to the Bottling Plant. The company would not be able to prvide proof of transporting the water, travel logs, toll receipt, fuel receipts.... Employees would not be able to testify on behalf of the company that, they drove the trucks, loaded the Spring Water ...

  4. #4
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    Mar 2007
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    Default Re: Consumer Fraud Class Action

    Quote Quoting allen123
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    The tanker trucks must travel 100 miles daily to pick up the Spring Water and transport it back to the Bottling Plant. The company would not be able to prvide proof of transporting the water, travel logs, toll receipt, fuel receipts.... Employees would not be able to testify on behalf of the company that, they drove the trucks, loaded the Spring Water ...
    So, you don't have any evidence but hope you can use the court for an evidentiary fishing trip.

    Who should pay for the courts time if you are wrong?

  5. #5
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    Sep 2009
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    Default Re: Consumer Fraud Class Action

    I could get a written statement, from a long time, managerial employee, outling the ongoing events.

    The courts time should be paid for by the party that the courts decide, is owing.

  6. #6
    Join Date
    Mar 2009
    Location
    Key West, FL
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    Default Re: Consumer Fraud Class Action

    First, you have to determine if there is a private cause of action. I doubt there is. False advertising is not a recognized cause of action.

    If there is a private cause of action, then you need a small group of people as lead plaintiffs and an attorney experienced in class actions to take the case. After the case is filed, then the attorney moves the court to certify it as a class action.

    So, lets say you could do all that. Then you have to explain exactly how you were damaged by the defendant and ask the jury to put a dollar amount on your damages and that of the other members of the class.

    There are no damages. So what is the point of a civil action.

    It isn't going to happen.

  7. #7
    Join Date
    Mar 2007
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    9,096

    Default Re: Consumer Fraud Class Action

    Quote Quoting allen123
    View Post
    I could get a written statement, from a long time, managerial employee, outling the ongoing events.

    The courts time should be paid for by the party that the courts decide, is owing.
    To take this to court, you are going to need much more than that.

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