Legal Question in Consumer Law in Texas

Who is responsible for returning my money?

I paid to join a networkmarketing company (WMI)based in TX but they are licensed in all 50 states. They have a varierty of alliances in all areas of financial services. I had to be a member of WMI to use their alliances. I chose to use an alliance of financial advisors called Axis Advisors (again I had to be a member of WMI to use Axis Advisors). Axis offered assistance in becoming debt free.

The TX company (WMI) claimed they did a background check on Axis Advisors and urged me to use them. I have learned the check came back clean and WMI was told Axis was either squeaky clean or total scum bags. WMI told me they had an excellent background and had helped many people.

I had one phone consult with Axis and paid them $3k and they stopped returning my calls and dropped out of sight. WMI claims they made a mistake in working with them but I am still out $3k. I filed complaints with the Ohio AG (thats where Axis was based)

Do I have any recourse with WMI? They told me Axis was trustworthy and had had an excellent background and I got ripped off. Can I sue the parent company (WMI) to get my money back? Since WMI is licensed in all 50 states can I file in small claims court in my county? Axis no longer exists but WMI does. Tx!


Asked on 4/14/06, 10:29 pm

2 Answers from Attorneys
Peter Bradie Bradie, Bradie & Bradie

Re: Who is responsible for returning my money?

Did WMI contact you, or did you contact them? That would establish the proper venue for any legal action. Then you have to look at what WMI promised to do for the fees you paid them.

Chances are WMI didn't have a duty to you, so there's no negligence. No negligence, no lawsuit.

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Answered on 4/15/06, 10:58 am
TC Langford Langford Law Office

Re: Who is responsible for returning my money?

I agree with Mr. Bradie, but have another thought as well. Did WMI require you to form an alliance with Axis? If so, did you rely upon their knowledge and expertise to do so? Do you have a written contract with WMI that sets out those terms?

It may be worth your while to file suit in your county, to get their attention. You may be able to settle the case with WMI, probably for less than what you paid. Be prepared, however, that the case may be moved to Texas, and then you would need to retain counsel here.

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Answered on 4/18/06, 12:55 pm


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