Court Case

Raoul Duke, Jr. · Post by **Raoul Duke, Jr.** » 2002-10-11 06:56pm

I'm not sure if this is the correct forum for this subject (I also considered, the SLM forum) but I'd like your views on a court case in which I'm the lead plaintiff.

I received an email from a company called "GroupLotto" advising me that I had won their online lottery, and requesting my personal info. Ostensibly, it was to verify my eligibility to receive my winnings and provide contact information so my winnings could be sent. Being overly gullible in light of this officially worded, stamped and graphicked "official notice", I provided the requested information. I later learned (as I should have suspected all along) that it was a marketing "gimmick" and, naturally, that I hadn't really won anything.

I'm currently pursuing this company legally in the New York Supreme Court, on the basis of fraud.

What's your take on this? (Other than that I was an idiot for complying with the message; that I already know.)

ArmorPierce · Post by **ArmorPierce** » 2002-10-11 07:01pm

I hate it when they use marketing gimmicks like that to gain your personal information or lure you into some kind of scam.

Raoul Duke, Jr. · Post by **Raoul Duke, Jr.** » 2002-10-11 07:03pm

ArmorPierce wrote:I hate it when they use marketing gimmicks like that to gain your personal information or lure you into some kind of scam.

I think that's the consensus among most people regarding these companies and their tactics -- my hope is that the judge will feel the same way. We're currently waiting for him (The Hon. George Bergerman) to decide on the defendants' Motion for Dismissal.)

Joe · Post by **Joe** » 2002-10-11 07:10pm

How much would you be suing for? Court is expensive, is it really worth your time?

Sothis · Post by **Sothis** » 2002-10-11 07:12pm

I think, from a strictly legal point of view, that the site in question was falsely advertising... they can't say- you win 'insert money/prize' if you enter some details, and then not actually have anything to be won. It's amazing how many sites on the net run this sort of thing.

However, that's a strict interpretation of the law (it should be enforced, but don't hold your breath). No offense intended, but in general people know or suspect such emails to be scams. The court might take that into consideration.

Raoul Duke, Jr. · Post by **Raoul Duke, Jr.** » 2002-10-11 07:16pm

Durran Korr wrote:How much would you be suing for? Court is expensive, is it really worth your time?

My attorney is representing me quid pro quo, which means he doesn't get paid unless I do. So far he estimates his costs at about $35k-40k, and he only gets 35-40% of what I get. We're suing for "non-monetary relief", although I'm not sure what that means other than the fect that rather than losing money, I've been emotionally and/or mentally injured (lol). We're actually hoping for settlement. The defendants have previously offered $15,000; my attorney tells me that's a pretty weak offer considering the blatant nature of the offense and the damning evidence (the original email, plus literally hundreds of variations -- I've saved everything they've sent me.)

TrailerParkJawa · Post by **TrailerParkJawa** » 2002-10-11 07:18pm

Well, I dont know what the laws are in NY, but I think your best chance would actually be in small claims court.

Anytime someone says you one a contest you did not explicitly sign up for, its almost always a marketing scam. Even many contests you sign up for are still marketing scams.

Stormbringer · Post by **Stormbringer** » 2002-10-11 07:21pm

Good luck,

I wouldn't count on winning too much though. They've probably got pretty good lawyers. And equally more importantly, sleazy lawyers.

Joe · Post by **Joe** » 2002-10-11 07:27pm

Typically, for a court to hear a court to hear a fraud case, the victim of the fraud must have suffered some sort of loss due to the fraud, usually in money or property. Beyond your attorney's fees, have you had any monetary loss?

Raoul Duke, Jr. · Post by **Raoul Duke, Jr.** » 2002-10-11 07:35pm

Durran Korr wrote:Typically, for a court to hear a court to hear a fraud case, the victim of the fraud must have suffered some sort of loss due to the fraud, usually in money or property. Beyond your attorney's fees, have you had any monetary loss?

No, there was no monetary loss. I think we're going for "emotional distress" or something. My attorney is fairly good, as far as I've been able to determine. His name is Laurence Rosen. I'm not sure who they've got (I saw it when I read the Motion for Dismissal, but don't recall) but they also have an in-house attorney named Josh Gillon.

EDIT: On a side note, these guys also used to run the "Miss Cleo" thing at one point.

TrailerParkJawa · Post by **TrailerParkJawa** » 2002-10-11 07:41pm

If you suffered no monetary loss, like an airplane ticket, then I dont think you have much chance.

IRG CommandoJoe · Post by **IRG CommandoJoe** » 2002-10-11 07:43pm

I know nobody is going to buy the emotionally damaged crap, but I hope they rule against the company just to stick it to them for their damned annoying ads! Bastards ruin the Internet.

Joe · Post by **Joe** » 2002-10-11 07:47pm

Legally, you MIGHT have a case, but ethically, I think you're wrong here.

Do you honestly think you're entitled to thousands of dollars on the basis that this company failed to deliver on an agreement that you had good reason to believe was false?

Raoul Duke, Jr. · Post by **Raoul Duke, Jr.** » 2002-10-11 07:47pm

IRG CommandoJoe wrote:I know nobody is going to buy the emotionally damaged crap, but I hope they rule against the company just to stick it to them for their damned annoying ads! Bastards ruin the Internet.

In all honesty, you're probably right -- but again, with last summer's corporate scandals and all the high-n-mighty mucketymucks' tough talk regarding same, I'd still like to think my chances are pretty good, at least of getting the defendants' to settle for a decent amount. That's much preferable to waiting 2 more years for the thing to conclude in court. And god damn it, it's time the "little guy" got some back on these sleazy motherfuckers!

Post by **Mr Bean** » 2002-10-11 09:20pm

Keep in mind these people are SPAMMERS here, Good only for the testing of new military weapons and as Ballest

IRG CommandoJoe · Post by **IRG CommandoJoe** » 2002-10-11 10:10pm

And god damn it, it's time the "little guy" got some back on these sleazy motherfuckers!

Amen to that! Hallelujah! Praise the American legal system!

Raoul Duke, Jr. · Post by **Raoul Duke, Jr.** » 2002-10-16 11:03pm

*bump* Sorry to do this, guys, but I have a question I just can't find the answer to on my own. Does anybody know (or can anyone find out) how much time a judge typically has to make a ruling on a Motion to Dismiss? My attorney told me the judge had 60 days -- but that was 67 days ago and still no word. This is really starting to bug the shit out of me, more so for the fact that I can't seem to find a solid answer.

Raoul Duke, Jr. · Post by **Raoul Duke, Jr.** » 2003-02-11 04:41pm

"rebump" Update, kids... the thing's been dismissed. Totally. Completely. My (former) attorney informs me that the decision was a short order, and there was "no consideration"; I'm not sure what my attorney meant by that. I'm thinking of doing one of two things about this: re-filing it in the Federal Supreme Court, or compiling all the relevant case materials and taking it to the court of Public Opinion via the press. What do you say I do?

Asst. Asst. Lt. Cmdr. Smi · Post by **Asst. Asst. Lt. Cmdr. Smi** » 2003-02-11 04:48pm

So you didn't win anything? How did the whole thing go?

Raoul Duke, Jr. · Post by **Raoul Duke, Jr.** » 2003-02-11 04:53pm

Meh... they offered $15k... my attorney turned it down, and I went along with it after he told me (seemed like a smart move at the time)... they filed a motion to dismiss... the judge dismissed it. Apparently didn't state his grounds for dismissing it (haven't received the decision yet myself.) And now I need to decide what to do next. I can't let this go -- these fuckers lied to me, and what's worse, they do it as a matter of standard business practice. I can't let that shit fly.

HemlockGrey · Post by **HemlockGrey** » 2003-02-11 05:48pm

Media blitz, and appeal the decision. Get your local newspaper, radio stations, and news stations to know.

Raoul Duke, Jr. · Post by **Raoul Duke, Jr.** » 2003-02-12 12:26am

The only question now becomes: how? This case affects everyone in this country, and I have no idea how to approach Associated Press, Reuters, Gannett, what have you with this. If anyone has any connections or leads, please speak up...

IRG CommandoJoe · Post by **IRG CommandoJoe** » 2003-02-12 12:32am

Aren't you a journalist?? I figured you out of all people would know...

Raoul Duke, Jr. · Post by **Raoul Duke, Jr.** » 2003-02-12 12:40am

IRG CommandoJoe wrote:Aren't you a journalist?? I figured you out of all people would know...

Yes, I am. and I've already asked my editor at the Republic... but I want this thing to hit as many outlets as possible within a short timeframe, so it can't hurt to put out feelers everywhere.

IRG CommandoJoe · Post by **IRG CommandoJoe** » 2003-02-12 12:48am

Aha...ok...so...well...then...I can't offer you much more than my criticizing of your abilities as a journalist.