Legal Question in Business Law in New Jersey

Re: fcc breach

You appear to have a breach of contract action and may be entitled to specific relief or damages. Do you have a contract or agreement? A review of all agreements and documents would be necessary to determine your rights. You should consult with a lawyer. Please feel free to call me.

Blair C. Lane, Sr., Esquire, is admitted to practice law in the State of New Jersey and the

Commonwealth of Pennsylvania. The information contained in this response is intended to

provide general information regarding a general legal question. This information contained in the

response is not to be construed as legal advice and you should not rely upon any information as

legal advice. Legal advice can only be obtained through a complete consultation with my office

or an attorney admitted to practice law in your State. Any information obtained through this

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Blair C. Lane, Sr. Attorney at Law

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Re: fcc breach

While I concur with the other authors, I must warn you that not having anything in writing may put limits on your right to recover. Under whose name were they operating, Air-Link or Commercial? Did you give them the right to use your entity? Who has done the billing? Which entity has been filing tax returns? If they have been operating under your business entity, by what authority have they been operating? The more they have been using your company, presumably with your permission, the more they may be able to claim you authorized this, with or without compensation. There may be many more questions like these that need to be answered before you can consider your claim. I concur you need a good, local attorney, to assist you. The more complicated the facts are to unravel, the more costly any litigation may become; especially if you have nothing in writing. You provide no information on the prospective terms of sale, nor what might happen if they decided not to buy. It will become a suit involving what each side thought was involved, and you can be sure they will not agree with you. I cannot even say, since no information has been provided, that your recovery might be more than your costs and fees.

Re: fcc breach

Sounds like you may have a breach of contract claim or a claim based on unjust enrichment. However, you really need to contact a lawyer and be very specific as to the facts and agreement you had between you and the other company, before you can be truly advised. I.e. the terms, the place where the agreement occured (different state laws may apply), the parties involved, the price, understandings, etc... Good luck.

Randall Gilbert

Re: fcc breach

You will need to actually hire an attorney to help you out here. Your attorney (feel free to contact me to discuss retaining me, see below) will review all the relevant facts and circumstances to determine what your legal rights, obligations, and options may be.

Even if there is no formal written contract between you/your company and the other company, you may be able to prove your claims via the course of conduct you describe, and there may be other evidence as well which proves your claim.

I imagine, for example, that the other company's use of your 800 number has resulted in the generation of phone records of the calls sent and received. An attorney can assist you in obtaining access to these records, and this will help to prove the damage to your business (for example).

Please consult with myself or another attorney of your choice, immediately.

Re: fcc breach

Without a written agreement it will be difficult to prove you are entitled to anything. However, there are ways to prove your ownership or rights to the things you left them including the toll free number. You should talk to an attorney in detail as soon as possible. I suggest someone in the same area of the State that the business is located. If I can be of help, anywhere in North Jersey, please call. Good luck.

Bernard Berkowitz

973-808-2003