Legal Question in Consumer Law in California
Is threatening to sue considered extortion?
I purchased a product after relying on advertising which claimed a technical level of performance I later learned cannot be met. Although the manufacturer selected inferior components, it denies responsibility. I spoke with a few class action attorneys and two have already sent me retainer agreements. Would it be improper for me to contact the manufacturer again and request a settlement payment in lieu of me filing a lawsuit? I spent $1000 on the product, but I'm guessing that defending or settling a class action lawsuit would cost the company several hundred thousand at least. I�m not looking for six figures, but as I understand a class representative may be entitled to an incentive payment of $5-15K in addition to an equal share of the class distribution.
2 Answers from Attorneys
Re: Is threatening to sue considered extortion?
No, it would not be improper nor could it be reasonably construed as extortion(in my opinion).
Re: Is threatening to sue considered extortion?
Does not sound unreasonable, nor would any reasonable person find this is extortion. However, you might consider directing your questions to and seeking advice from the class action experts before you go trying to extract a settlement on your own. Good luck.
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