A Formal Suit to Sue Ross?

[pinkchimney]

How come there is no formal suit filed against Ross yet? Wouldn't this be a no-brainer. I know we are all going through the IFCC, but can't we speed up the process or have more of a presence???


Can't we get Erin Brockovich

[Natasha (candygirl)]

The idea of suing Ross has been discussed many times at this forum going back as early as last year. You can search the forums for these threads for the multiple arguments that have been made for and against doing so (use the "search" function above). I don't mean to be rude, but we are not stopping anyone from attempting to do so. I would love to see Ross punished for what he has done, and I would love to see everyone who is owed refunds for cancellations/double and triple charges/"exclusive" lunchboxes and bonus discs.

So why haven't we so far?

Some info from previous discussions:

I guess if a class-action is the way you want to go, something to think about (which, if you've actually talked to a lawyer, I suppose you probably have) is that the amount of money you (or we) would be suing over here (per person) could work out to be less than what a lawyer charges per hour. I have no idea what kind of money we're talking about in the aggregate, and, of course, if the lawyer is willing to work on a contingent-fee basis, that's also different... but I suspect filing a class-action suit in state or federal court would be more money and hassle than it's worth in strictly economic terms.

The class of individuals affected, does not constitute a "class" for purposes of a lawsuit, in all likelihood. And without getting all technical about it, the amount of attorney fees will outweigh any damages or recovery, thats the bottom line. There will be no class action suit.

If a class action suit could be commenced, and we actually win... Don't you think that AU (escpecially in the financial state that their in) would just go belly up and then NO ONE would see any money. (Remember our fair lass Claire Danes in the Rainmaker)

I agree that class action is pointless, but only because CMI is pretty worthless. Even if we win, CMI doesn't have the money to pay us.

If you file a lawsuit, I hope you realize that there are costs involved. It requires money to actually file the suit and then you will lose money for time off work---that sort of thing. You will never get this money or time back. You are not allowed to sue for it.

Regarding Small Claims. To me, I wouldn't waste my time. Here's why.

First, you have to file suit. That is going to cost you anywhere from 50 - 150 dollars depending on where you live. Next, you have to get whats known as 'service' on the company. This is typically done by serving either the corporate representative designated by the Secretary of State in each state that UA does business. At a minimum, this will need to either be certified, or hand served. Thats not free either.

So at this point you have probably invested perhaps 100 dollars or so, seeking the money you are owed. Now, the easiest part will be proceeding to court (and you will go to court where you have venue, which is where live primarily, if you get service in that location). I would bet anything that AU will not respond to your pleadings. This would mean that you will win by default. In winning, you will get what is known as a default judgement against AU. That would include whatever they owed you plus your costs.

Now what? Well, this is the problem. You have a judgement. Its a piece of paper. You would now need to enforce the judgement. This would mean going to California and attempting to have it enforced by the sheriff. Good luck. The reality is, for this amount of money, you are not going to get much help. If you live anywhere else other than near AU, you are undoubtedly screwed. Furthermore, if AU divests itself of assets or goes bankrupt, you again are screwed.

The answer to the small claims court question is: It depends.

Yes, it costs you money to file, to serve, to garnish, to re-garnish, to re-file in the state of venue, to re-serve again...

Technically, you are not out those funds if you are able to enforce your collection. All monies spent on trying to enforce the judgment are added to the final amount of your judgment, an amount that accrues interest depending on your state.

If you're going after $200, $300, $400... it's probably not worth the effort to go to court, and if you can't collect in the end you end up doubling your losses. For larger judgments, pursue it until you collect or until you tire of it. (Ross, if you're lurking, I'm not the least bit tired yet. In case you were wondering.)

Here is something I found on a website regarding Class Action Lawsuits:

Many people have questions about class actions. What are they? Am I included? How do I find out if a class action has been filed for a product I bought?

Here are some informational websites that address these and many other common questions about class action litigation. Many of them provide newsletters with updates, and even a listing of many class action attorneys across the country.

http://www.classaction.com

A good informational site that allows consumers to ask member attorneys questions without cost or obligation. It also has a large informational database regarding many common issues in relation to large-scale lawsuits.

http://classaction.findlaw.com

A wealth of knowledge can be found on this website. It has a large informational database regarding most of the common class action suits. Additionally, it includes information about settlements, recalls, and other notices. There are also several e-newsletters that are available.

http://www.bigclassaction.com

A good website which includes a breakdown of categories and subject-matter frequently found in class action lawsuits. It lists new class actions filed and recent settlements. At the bottom of the page, there is a place for entering your e-mail address to receive notification of new class actions, class action settlements, and verdicts. Additionally, there is a system for contacting class action attorneys about your complaint.

http://securities.stanford.edu/

A nice site run by the Stanford Law School. It provides detailed information relating to the prosecution, defense, and settlement of federal class action securities fraud litigation.

Bottom line: someone would have to invest a lot of time to organize a lawsuit and would probably end up getting no money in return. If I didn't have a full time job, then I would consider doing it if for no other reason than to have a judge tell Ross that he is an unethical SOB. Unfortunately, I was born good looking instead of rich, and my bills don't pay themselves

As for Erin Brockovich, I hear that she is busy suing over cancer-causing gases beneath Beverly Hills streets and dangerous molds in houses these days.

[lance]

Yup,

A lot of time and effort is needed to pursue legal action.

But hey, the idea certainly sounds nice.

Best,

Lance Man

[fnordboy]

Indeed, Lance, a lot of time and effort would be needed. Besides, just look at Howard's story. He won a case against Ross and still has yet to see most of his money. Just because you win the case doesn't mean Ross will pay up. And with the ridiculous "laws" Ross could pretty much just get away with it for as long as he wanted to.

[starbug]

Frustrating though it is, I think it's important to resist the temptation to throw good money after bad, and let the authorities who have been notified deal with him.

I want to believe that Ross's behind will end up in jail one way or the other, and I'd like it to be in my lifetime... but we'll see.

[JPP13]

Hey! I was quoted! How cool.

[Natasha (candygirl)]

Do you feel famous?

[JPP13]

a little.

[Natasha (candygirl)]

Next thing you know the paparazzi will be selling pictures to the National Enquirer and you'll have groupies following you everywhere!

[JPP13]

hmmm...groupies.....now I wonder what my life would be like having groupies ....(fade to ethereal type music)........

http://www.angelfire.com/nv/wryder/

[ducksqueak]

I felt quite honored to be quoted.

Now if only people respected me on other message boards, but that's another story....

[pinkchimney]

Can we instead take upa collection and hire a hitman to take care of Ross?