On Sunday, August 24, 2014 4:27:34 AM UTC-7, Stormin Mormon wrote:
I appreciate your concern and I understand that it's time-consuming to wend one's way through a convoluted thread.
However, I have posted several times that I only came here to find out if there was a body, organization, group, whatever, where one could have them investigate fraud. That was the
On Sunday, August 24, 2014 9:53:09 AM UTC-7, Higgs Boson wrote:
tell the home repair list if your computer problem (that supposedly caused
all this uproar) is still active, or been repaired.
nd one's way through a convoluted thread.
if there was a body, organization, group, whatever, where one could have th
em investigate fraud. That was the ONLY
HI sEND BY mistake
reason I came to the NG. NOT to ask for help on repairs. That would have
been highly inappropriate and most likely unproductive, in view of the exte
nt of the damage wrought by the vendor.
You ask if computer has been repaired. No, it has not.
Please notice by WHOM the "uproar" was created and WHAT was his/her/its/the
To repeat for the last time:
I only posted originally a very upset request for a referral to a source --
if such exists -- to deal with possible fraud. EVERYTHING else is the res
ults of (a) malice on the part of some, and (b) hasty reading of convoluted
thread by new posters or ongoing ones.
I have actually received a tentative contact from Avast - as I posted sever
al times -- and have received from the NG potential validation of my claim
So let's wind this up, with thanks to supportive members.
Depends on the state (some states have deceptive trade practices laws on the
books. Texas has one with real teeth even the insurance companies are
afraid of it).
In the end it comes down to the rule of deep pockets. Regardless since the
company sells in the USA there has to be a point of presence whet the court
can seize assets. BTDT
I did. At first AmEx was reluctant because (unbeknownst to me!) they have a
60-day window to dispute. However, when I cited just a FEW things that were
done to my computer, cust. svc. agreed to take the dispute. So the $179
comes off my account - but that doesn't "make me whole", as they say in the
You are right, of course. I would be throwing time and money at a situation
that in the grand scheme of things is picayune.
My basic interest is getting my computer fixed.
So if Avast isn't PROMPTLY forthcoming about arranging to fixing my
computer, and I have to hire $omebody, I do plan to take them to Small
Claims, since they have a presence in CA and maybe other states. And of
course dedicate myself to besmirching their name anywhere I can.
All in all, I got a cheap lesson in -- I'm not sure WHAT! Transaction
seemed perfectly straightforward -- though with 20-20 hindsight, from what
folks are saying here, a more clued-in user could have detected that the
promise and the price were unrealistic.
Tx to all
Small claims court allows you to file where YOU live. Likely they won't
show up and you win. Collecting can be a problem but if you persist you can
I won a case `30 years back. Out of stubbornness kept the judgment alive.
The folk who owed the money wanted to sell property. My judgment blocked
the sale. Received a certified check by express overnight with a request to
send the release by return express.
Some how the release was sent regular mail over a holiday weekend. (VEG)
On Sunday, August 24, 2014 8:47:05 AM UTC-4, NotMe wrote:
It doesn't look like it's that simple. There are conditions. For example
if I had a corp here in NJ that makes candles, HB contacts me, buys some,
then decides to sue me because they don't perform correctly, apparently,
When it comes to suing a business in small claims court, you may sue any bu
siness that is organized (incorporated or established as an LLC) in your st
In addition, you may bring suit against any business-whether incorporated o
r not-if one of the following conditions is true:
*the business was responsible for injuring you or damaging your property i
n your state and you can find a way to serve your court papers on the busin
ess in your state
*the business breaches a contract with you that was negotiated or was to b
e performed in your state and you can find a way to serve your court papers
on the business in your state
*the business has an office, warehouse, retail establishment, restaurant,
or other physical facility here, even if that business is headquartered or
organized elsewhere, or
*the business does regular business in your state by selling products or s
ervices, employing a sales rep who calls on you personally or by phone to s
olicit business, sending you a catalog to solicit your business, or placing
advertising in your state's media."
HB might be covered under the last two conditions.
If you follow the thread, as far as I can see, she didn't purchase
anything from Avast. She was talked into a $170 support contract on
the phone by the third party company that does support for Avast.
There isn't any retailer, salesperson, etc. And whoever did the phone
pitch is in India.
Again, from what I've seen that hasn't happened. She said they agreed to
take the dispute. HB turned that into "so it comes off my card" and you
turned it into she succeeded in getting it reversed. So far, all they are
doing is starting the dispute process. How it will turn out is still open.
Oh please. If she got her money back from the CC company, as you apparently
believe, she has no further case.
If you read the various links DaddiOH provided, it sure looks like
it could be fraud. It meets the definition of fraudulant sales practices,
at the very least, assuming HB can prove that they did to her, what they
did in those other cases.
I guess that depends on your definition. Is losing enough? Not collecting
enough? You do know that both these companies are foreign, right?
She hasn't gotten a refund from the CC company either. And good luck
with small claims against two companies that aren't even in the USA.
They might not even show up, she could win, then good luck collecting.
Once the judgment is render the collection process begins. Can be hard
(sue a beggar get a louse) but since both companies have a financial
presence in the USA it's a bit complicated but not that hard to your money.
I've managed to block all transactions by a debtor company with the result
that they typically pay off the debt quickly.
I've found that the world occassionally elects me SOB of the day. I tend to
make the most of the honor.
On Sunday, August 24, 2014 8:37:10 AM UTC-7, Pico Rico wrote:
Tony & Pico Rico -- You are quite right that it is a good feeling helping others. I've done so often in fields of my expertise (obviously not *complex* computer problems!!! The easy ones I can solve <g. )
One of my neighbors was the epitome of that virtue. Helped me so much on so many occasions, but has moved too far away; also, some things need to be addressed hands-on.
Other neighbors also tech-savvy enough have helped, but one needs to be VERY careful not to make a nuisance of oneself!!
Have also hired people in the past - some OK-ish, some less so.
I am glad you are helping others. So many -- on this NG and in society in general -- do not understand, in the immortal words of Benjamin Franklin that:
"We must all hang together, or assuredly we shall all hang separately."
Time to wind up this thread.
People have ]asked you repeatedly WHO, specifically, you bought that
"service" from, and WHAT the specific phone number is that called to
buy this service. It's not at all clear that you bought it from Avast,
and I still doubt that you did. The answer to your ombudsman question
depends on your answer, which you decline to give. Since you choose to
withold important facts, we're free to invent any scenario that we
think might fit.
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