Consumer Fraud Ad Agency lied about their services, what can i do about it?

[fstep]

An ad agency that has been marketing my company for years claimed their database was over 80,000 members but i came to find out and i have proof that it is only 6,000. I have confirmation from them when i made the deal where they confirmed and signed that it's 80k. Over the time i've been doing business with them i paid over 100k for their services.
What can i sue them for? Can i get them for some criminal charges, i mean it's really no different than theft in my opinion.

 

[mightymoose]

This is a civil matter. Were there contracts involved? Can you provide evidence to support the allegation?

 

[fstep]

There was no contract involved but there is email communication stating the size of the database, the amount of emails they would send and the price.
How can this not be a criminal matter though? This is clear theft, is it not? they have done the same thing to other companies as well.

 

[mightymoose]

No, and without a contract defining their obligation you might have some difficulty with this.