Legal Question in Business Law in New Jersey

Re: Funds due me from a vendor

From what you describe in your email, your case appears to be governed by the Uniform Commercial Code. This is a law, adopted in similar form by most states governing transactions between businesses. Whether or not you successfully "rescinded" your purchase and therefore are entitled to a full refund depends upon a few facts you haven't provided. If you would like to call me, I would be happy to review this with you.

Your second question has to do with jurisdiction. I am assuming from your question that you are based in Alaska and the defendant is in NJ. There are a few factors to consider in selecting jurisdiction, but often time the biggest question is where can you execute on a judgment in your favor. If the defendant and all of its assets are in NJ, I would most likely recommend suing them in NJ. Of course, you should speak to an attorney about the specifics of your case prior to making a decision.

I would be glad to help you in this matter if you decide to pursue it further. Please call me at (215) 545-4830 at your convenience.

Re: Funds due me from a vendor

I need some more info from you to determine whether you have any recourse. You may be protected by the FTC's mail order rule which requires mail-order merchants to:

-- ship orders within the time promised in advertisements

for the goods or in catalog listings or, if no time is

specified, within 30 days of receiving a "properly

completed" order;

-- for orders that cannot be shipped on time, notify the

consumers of the new shipping dates and give them the option

of cancelling for full refunds (for consumers who do not

respond, sellers can presume they have agreed to a delay of

up to 30 days);

-- if a consumer cancels, make a full refund within seven

days for cash, check or money-order sales, and within one

billing cycle for charged sales;

-- for orders where revised shipping dates cannot be met,

send consumers second notices and, unless the consumers

expressly consent to the second delay, cancel their orders

(thus, for second delay notifications, the presumption

applicable to the first notification -- that consumers still

want the merchandise -- is reversed).

In addition, you may be protected by the New Jersey Consumer Fraud Statute. If it applies, you may be entitled to triple your damages and have the vender pay your attorney fees. You can reach me by e-mail or by phone at 908-213-0600 for a no cost consultation.