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 law biz.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 get satisfaction.
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)
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.
They won't
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.
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, she can't.
Businesses 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 ate. 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.
Hmm, I am somewhat surprised, you don't have any neighbors or friends, family member who is good with computers? I am a PE who spent almost 40 years in the field. As retired senior, I provide free help to neighbors whoever asks for my help. If new parts is needed, I don't even buy the part myself. I just tell them "You need xyz part, go get it" Often I set up home theater, home net work, etc. too. Lots of fun configuring remote controls. It is a good feeling helping others.
attaboy!
[...]>
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
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 ir agenda.
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 of fraud.
So let's wind this up, with thanks to supportive members.
HB
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
Hi, Yes, the thread was long enough and over due. I heard the other day at our university alumni picnic, "God keeps volunteers health, volunteer as much as you can"
On 24 Aug 2014, Higgs Boson wrote in alt.home.repair:
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.
I think HB is a clueless lib.
Oren posted for all of us...
And I know how to SNIP
Has she posted pix?
HomeOwnersHub website is not affiliated with any of the manufacturers or service providers discussed here. All logos and trade names are the property of their respective owners.