Consumer Law, Warranties (Viginia) Guarantee on an internet purchase

Senokian

New Member
Jurisdiction
Virginia
I purchased a 12 month subscription to a training/educational programme.

The company advertised a 5 week money back guarantee (I retain copies of their promotional material stating this).

The terms and conditions simultaneously published in the members area of their website, stated that they "do not offer any guarantee" (I also retain copies of this document). I believe this anomaly alone may breach FTC regulations on "truth in advertising".

I was very unhappy with the serviced I received from the company and pursued them for a refund.
They refused to refund my membership fee, stating that membership offered me "intrinsic value", regardless of the poor service that I had experienced. This is in spite of the "money back guarantee" that they openly advertised on their promotional material.

I first contacted the company about the problems I was experiencing with their service the day I subscribed to my 12 month membership. It took ten months before I received my first response from them in relation to the problems I approached them about. They confirmed (in writing - which I also still retain) that the lack of response I received to my requests for help was due to "technical problems" with their system - yet still flatly refused to honor the guarantee.

I reported the company to the FTC and the Virginia Attorney General - the office of the AG has been trying to contact the company for a response to my complaint without success, and are now advising that I retain an attorney to pursue a case against them.

The problem I have is that every attorney I've approached advises that the claim is too small make it financially viable for them to pursue (I am seeking a refund for the sum of $1297.00). The Virginia small claims court advised I could log a claim myself, but because I am not a resident of the USA (I am a UK citizen), I would have to retain the services of a lawyer to represent me at the hearing, so I'm back to square one.

If I took the company to court and won my claim, would US law permit me to claim against the company in question for reimbursement of my legal costs, if I retained the services of a lawyer to represent me in a small claims court hearing?

I have a fairly extensive file of documentary evidence chronicling the history of my problems with this company, which supports the criticisms I made of their service.

Any advice anyone could offer would be appreciated.

Thank you.
 
No lawyer will take your case without being paid first.
To retain a lawyer expect to shell out $5,000, give or take.
Even if your lawyer prevailed on your behalf, you don't get paid, you must then endeavor to enforce the judgment.

That's the same problem you face if you brought the case in a higher court, collection.

However, in VA an attorney can not represent you (the plaintiff) in small claims court matters.

Any defendant who wants attorney representation must initiate the matter before a circuit court.
 
Any advice anyone could offer would be appreciated.

You got scammed. Sorry.

You've already determined that you aren't going to get anywhere going after this company unless you spend lots of money that you won't get back. Even if you manage to win a judgment it's likely that the company is a paper shell with no way to ever collect.

Sometimes you just have to learn a life lesson from the school of hard knocks.

Lick your wounds, learn from the experience, and get on with your life.
 
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