Legal Question in Business Law in Florida

Contract Inquiry

I contracted Michael Truitt from Fingerprint Studios to design a custom social networking website for me on October 31, 2007. The contract was for approx. $8,000 and the term was for 1 month.

To make a very long story short, he lied about production delays and complexity of designs until March 1 when he uploaded what seemed to be a very complex website for us.

About 2 weeks later, I found a link that was left on the website that directed me to a company called Rsitez that leases social networking software on a monthly or yearly basis. The software was exactly what was uploaded to my site by Michael Truitt at Fingerprint Studios.

I contacted Michael to ask him about the site and he claimed they were partners with rsitez.

I then contacted rsitez and received an e-mail statement saying that Fingerprint was not partners with them, did not help them create any of their technology or software and that they were immediately cancelling their contract with Fingerprint.

At this point, Fingerprint suckered me into giving them $7,000 of our contract agreement by providing me with software they leased and tried to pull of as their own.

Is it financially worth it for me to take this man to court?


Asked on 4/28/08, 2:43 pm

3 Answers from Attorneys

Daniel Pepper Pepper Law Group, LLC

Re: Contract Inquiry

Your primary concern should be whether or not you even have rights to use this website, based upon the fact it was leased from a third party. It sounds as if you don't, which means that it's possible rsitez would require you to cease using the site.

Did you have a website development agreement with Fingerprint? That document may identify your rights and remedies for this type of a situation.

It may be very well worth your while to pursue this matter if (a) rsitez demands you cease using the software, and (b) you're subsequently out $8,000 without a website to show for it.

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Answered on 4/28/08, 2:53 pm
Robert Davies The Davies Law Firm, P.A.

Re: Contract Inquiry

This is a mess, involving more than just the $8000.00 that you are out.

As to Michael and Fingerprint, you clearly have a claim, and possibly a fraud type claim as well, with punitive damages. Possibly, he has commited some type of deception type crime. I am not certain.

Some questions: does Michael and Fingerprint have any assets from which you can get your money back? is there any location outside of Florida where Michael and Fingerprint operate?

As to rsitez, you have other problems. If you are using what Michael gave you, and if he stole it, then you may face a claim from rsitez for all kinds of things: money that you made using 'their' website; violation of their rights to the website, and more.

Seems to me you need to put all this into a lawyer's hands and get some advice before you do anything else. You may have hurt yourself by talking to rsitez; get some advice before this thing gets worse.

Please call my office if you would like my assistance. I would be happy to speak to you on the telephone, but it will take more than just a brief telephone call to assist you with these issues.

My contact information can be obtained from the links below, just click on the Attorney Profile link. Let my secretary know you found me through LawGuru. This website, LawGuru, will NOT let me list my phone number in this response.

Disclaimer: Your question and any response does NOT create an attorney-client relationship between you and this law firm. You can not rely on the statements made by an attorney given over the internet. The response that you have received is based only on the small amount of information which you have provided. The exact facts of your situation, including facts which you have not mentioned in your question, may completely change the result for your situation.

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Answered on 4/28/08, 3:03 pm
John Corbett Corbett Law Firm LLC

Re: Contract Inquiry

You definitely have a claim. The critical issue is whether Fingerprint has the assets to pay a judgment. You are in the best position to tell that.

There are overtones of consumer fraud here. For that reason, it may be possible to recover triple damages plus attorney fees. So, if there are assets to pay, it probably is worthwhile to go after it.

My firm handles matters of this type. If I can be of further help to you, call or email. If you remind me that the contact was through Lawguru, the first consultation will be free.

See also: http://info.corbettlaw.net/lawguru.htm

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Answered on 4/28/08, 4:19 pm


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