Legal Question in Business Law in California
laws concerning mail order purchases between states
Hi, I would like to know what types of laws exist in order to provide protection to consumers who purchase from other states through mail order. To put it simple I purchased an exhaust from a well known bmw builder and he used inferior materials and it fall apart in less than 2 years. What can I do if anything. He won't return my calls or e-mails. Furthermore I have an acquaintance whi is suing the same person for poor workmanship however he lives in his state.
please help
thanks
2 Answers from Attorneys
Re: laws concerning mail order purchases between states
Where is the company? MA? CA?
Adding on to John Hayes message, I must say that
his suggestion presents a couple of problems:
1. They might never appear (send an attorney to defend
themselves).
2. You might not win anyway, with or without them there
-- your case is no more airtight than their muffler turned
out to be, I'm afraid. Well, I was being funny, but I think
the case as presented so briefly does have a couple of holes
in it, though it might ultimately be a winner.
3. Even if they win, you could potentially have
serious trouble collecting from them. In theory, if
they do business in your state, your state will have
'jurisdiction' over them, but if they ignore the order,
you'd have to go to their state to collect and their
state would want some proof that the judgment had been
obtained fairly, that they either appeared and lost or
at least that they should have appeared (you'd need to
prove you had jurisdiction) and they didn't.
4. Moreoever, I don't know if the small claims court will even accept a case
with an out-of-state defendent. If they do, however, the price of filing is
very low and, overall, and better to take action than just letting it go and
suffering silently. If you're sure you're right, make the effort.
There may be some federal trade laws for just such interstate commerce questions
designed to protect the 'wee people'; I honestly don't know what they are.
Re: laws concerning mail order purchases between states
Since the contract was not breached until the part fell apart in your custody you can sue him in your county. Even though he has cause to file for a change of venue to his state that would take longer than a small claims court case. I would sue him in small claims court in your county for the cost of the part. Good luck.
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