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Competitor Starts Class Action as consumer

Discussion in 'Consumer Fraud & Scams' started by Danny Acosta, Jul 25, 2020.

  1. Danny Acosta

    Danny Acosta Law Topic Starter New Member

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    Hello,
    I have a complex question, and I am being targeted by a scammer/competitor.
    The individual who filed a class action lawsuit against my small company, has been prosecuted by the FTC for fraud, along side 5 other individuals on that LLC.
    He started a complete copy cat company of my small business with these same individuals, placed it under Delaware to hide the members.They have 100+ LLC's scamming with eCommerce sites and funnel companies. Through 100+ hours of investigation work, we have found pictures of them with the copycat product advertising on social media. The class action lawsuit is for false advertising and fraud on my labels. Their claims on the suit is that all my nutritional facts are off by 100%+, it's more than obvious this is to defame my brand online and to be honest, it is working beautifully.

    This individual is committing perjury and is acting like a consumer of the product to a class action lawyer(taking the case for free). My question is, can this case be dismissed due to this information? I have tried to find some type of example in Casetext.com to reference but i can't maybe someone knows a case off of their head?

    If the individual felt that he had damages due to false advertising or unfair competition, this should have been filed by his LLC and claiming Lanham Act,15.

    Any help would be appreciated.
     
  2. flyingron

    flyingron Well-Known Member

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    You need a lawyer.

    Being a copycat, in most aspects, isn't illegal or improper.
    If you're the target of a lawsuit, you will need a lawyer to defend you.
     
  3. adjusterjack

    adjusterjack Super Moderator

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    If you have been served a summons and complaint you will have to file an answer to the allegations and move for dismissal for appropriate cause. For that you will need a lawyer. If you try it yourself you'll get it wrong and be in deep trouble.
     
  4. flyingron

    flyingron Well-Known Member

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    If his business is a corporation or LLC, a non-lawyer may NOT represent the corporation in court (either in Florida or Federal courts).
     
  5. zddoodah

    zddoodah Well-Known Member

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    The only possible intelligent answer to this question is maybe. The first paragraph of your post is full of allegations, many of which are conclusory. If you have evidence that proves all of them, you may be able to use them to have the case dismissed. On the other hand, the other party may have evidence that will keep the case from being dismissed. The only way for you to know for sure is by having an attorney take a thorough look at the evidence.
     

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