Legal Question in Consumer Law in Missouri

Paid a network Marketing Company for a product that was never received.

My wife, son and myself joined a Network Marketing company offering a 20% savings on gas by purchasing prepaid gas cards. We belonged to this company nearly a year purchasing and receiving several gas cards each month. March 2003 and April 2003, we ordered six $200.00 prepaid gas cards each month at $160.00 each, for a total of $1,920.00. All purchases for these cards were made by electronic check. After several weeks and phone calls, we never received any of these gas cards. On June 24th, I heard of some problems with the company so we sent an email and signed faxes requesting our money back. On June 28th, we received an email stating all business activities were suspended until 9-03, and at that time all gas cards previously purchased and/or refunds would be processed. After numerous conversations with the CEO he kept extending the reopen date to 10-03, 11-03, and 12-03, but always assured me we would receive the $1,920.00 refund. After my last conversation with him 1-8-04, he did not have a new reopen date. We have been more than patient but now we just want to find out how we can get our money back. As this company did business with thousands of other people, I am sure there are many others in the same position we are.


Asked on 1/11/04, 2:24 pm

2 Answers from Attorneys
Anthony DeWitt Bartimus, Frickleton Robertson & Gorny, PC

Re: Paid a network Marketing Company for a product that was never received.

I assume from your posting that the company that committed the fraud is based in Missouri. If that is the case, our firm frequently handles this kind of litigation under the Missouri Merchandising Practices Act, 407.020. If you purchased the card primarily for personal use, you may have a claim for damages.

In addition to using a private attorney to sue on your behalf, I would urge you to contact the Missouri Attorney General for assistance. They have a website where you can register your complaint.

If you need further assistance with the issue in Missouri, please feel free to contact us.

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Answered on 1/12/04, 6:17 pm
Janet Ziulkowski Ziulkowski & Associates, P.L.C.

Re: Paid a network Marketing Company for a product that was never received.

You may have a claim for violation of the consumer protection act. The claim may also be qualified as certifiable as a class action. But I need more information in order to make a determination. If you would like to dicuss this in further detail, call me at 586-992-9981. Good luck.

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Answered on 1/11/04, 2:31 pm


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