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I'm sueing a big company. What should I ask for?

Discussion in 'BlackHat Lounge' started by ijof9, Jan 25, 2013.

  1. ijof9

    ijof9 Power Member

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    Sadly I can't give many details, since I don't know who's watching.
    But I'm asking for a piece of advice from you guys.

    Three months ago I ordered a device that came so broken, that it burnt my hands, my laptop and itself.

    So I came back to the place where I got it from and started a small scandal. They only said it's a minor case, so they gave me a $100 voucher and sent the broken device to warranty. They've put so little effort into this, that the warranty sent it back with no resolution whatsoever, saying it's my fault. I made a bigger scandal with no effects, I only got humiliated by their disgruntled employees. More days passed, more humiliation. Since I have enough money to investigate on my own, I ordered more devices, of the same type. It turned out that it's a manufacturer issue, and they are so fucked up, that they actually do ship these broken devices. They mess up boxes and end up reselling devices that were reported broken by their own customers. It took me almost 2 months to finally get the same serial number from the same device twice, shipped to me from two different orders. It's funny but it's not. And I'm not the only one who received broken electronics from them. They actually have a forum section full of reports and stories somewhat similar to mine. Guess what they do there? That's right, they mostly humiliate customers.

    Anyway, I got inspired by these documentaries on YouTube, and I've put together all the evidence, and took it to a legal consultant. These kind of situations and efforts don't exist in this country but in the US they're very frequent. People actually dig into this. So the consultant gave me a 90% chance of winning the case. I'm still failing to negotiate a settlement with the retailer so chances are I'm taking it to court.

    Now, I have enough money and already covered all my losses, bought a new laptop, etc. And the retailer is pretty big for this place and made $46 mil. annual revenue - it is owned by a local group of companies.

    So for karma's sake I should do something less egotistical and less cliché, like asking for money. Maybe ask them to increase all their employees' salaries by at least 10%. Or something.

    What do you think I should ask for?
     
  2. vineyard

    vineyard BANNED BANNED

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    Ferrari, and the raises, and they executives should take a 10% cut
     
  3. Aegroeg

    Aegroeg Regular Member

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    Never you mind.
    [​IMG]



    - - - - - - - - - - -

    But in all seriousness, if you have proof of this its a MAJOR fraud and scam. This could harm people and cause fires if these devices are overheating and they are pulling this stunt!!

    The sky is the limit. You hear about how big these cases are. And you can also sue on grounds for psychological damage since they made you feel worthless.

    Do you have a lawyer? Have they said what you are entitled to? Maybe this is the best route. I'd say you could get $10,000 upwards.
     
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  4. bertbaby

    bertbaby Elite Member

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    Well, they are prepared to pay whatever your damages are and since this is not a class action suit, the total amount could be capped. Why not tie the settlement to a donation to a consumer advocacy group?
     
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  5. ShadeDream

    ShadeDream Elite Member

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    I dunno, I was going to come into this thread (without knowing what it was about) telling you to ask them to "spare you the embarrassment". But now that I've read it, I think you should just sue them for money which you could always fully/partially donate to something of your own choice. Asking for a 10% salary rise for employees' is probably not going to work.
     
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  6. vineyard

    vineyard BANNED BANNED

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    One hundred million dollars!!!
     
  7. Aegroeg

    Aegroeg Regular Member

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    Never you mind.
    I have absolutely no experience in these things myself but you read about all sorts of these claims and lawsuits and the payouts are enormous.

    A mother in Britain actually sued a dentist for removing all of her son's milk teeth even though they were BLACK with decay. Honest to God. Its unreal.
     
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  8. kvmcable

    kvmcable Supreme Member

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    Ask your Attorney. While you might hear shit on the Internet, when it comes to serious money you need legal representation and don't expect anything quickly. Most of these companies have very good insurance so you'll be trying to bilk a company that most likely has covered their ass. Large companies will first push you out of small courts into Big Boy's Courts. Not sure in your Country but in USA the first tactic is to move it from local court to District Court which costs money. Then they'll have motions for discovery and take depositions under oath. Expect that to take 6 months to a year. In the meanwhile they'll hammer your Attorney with documents to answer and pass to you, interrogatories. Running your Attorney bill even higher. Typically to reach trial in USA for District Court cases is 2 years and about $5,000 minimum. With depositions and interrogatories you're probably looking at closer to $10k.

    Now if you hammer and fund your Attorney through all this BS, they'll wait until the 11th hour and present a settlement that will barely cover your legal expense if it covers them at all. Not their problem. You hired the Attorney so you pay for him. Unless gross negligence is found you probably won't get awarded Attorney fees. So you might win the case and lose money. They have insurance and that insurance has a room full of Lawyers they pay salary so no big deal to them how much money they cost you.

    If you've had your damages covered then move on. If you have wild ideas you're going to retire off some sort of settlement for this small claim you're mistaken. If your Attorney is 90% sure you can win then ask him to do the case on a 50% contingency fee. I bet he passes on the offer because he knows the game and how much time he'll invest and what little reward there will be if any.

    If you think you're doing the public a service, the jokes on you. The public doesn't want your recommendations. How much research did you do before purchasing the widget? You said there was tons of bad reports and similar cases but yet you purchased the defective item and burnt shit up. My point exactly. The public will care about as much as you did.
     
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  9. jazzc

    jazzc Moderator Staff Member Moderator Jr. VIP

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    Whatever your consultant says it 's possible to gain * 10 ;)
     
  10. Furious George

    Furious George Supreme Member Premium Member

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    Get a lawyer that will work on a contingency. He will want to get the most money possible. (or she) In addition, do your research before hiring an attorney. Find one that can handle the case. Don't let the firm take more than 30%, and don't allow expenses. Good luck!
     
  11. kvmcable

    kvmcable Supreme Member

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    You're lucky they paid you anything if you used an item you knew was broken and damaged stuff. Surprised they didn't say the damaged was caused by you trying to use an item you knew was broken. Companies are rarely held responsible when consumer negligence is the fault. You return broken items, you don't try to use them and burn shit up.
     
    Last edited: Jan 25, 2013
  12. ijof9

    ijof9 Power Member

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    I'm not sure what it is... I think they're just reckless. I'd be very surprised if any firm orders their employees to refurbish broken devices and resell them broken without giving a shit.

    Actually I can't. It's an ex-communist country and there's no law for it. Superstars here still get harassed by media for entertainment's sake

    It's going to be forwarded by the consumer protection agency, they have to give a final in 60 days and ask me for decisions.

    I thought about donating but it's not going to attract any media attention. If I do something crazy though, and get media coverage, people are going to get inspired to this kind of things on their own. Right now they just get embarrassed and that's it, they feel effortless and don't do shit.

    It's actually quite a good idea. I'm going to try contacting other customers and pull off a class action suit.

    I'll look into something similar, there are no consumer advocacy groups but I think there are some NGOs on this.
     
  13. spasovski

    spasovski Regular Member

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    Yeah,

    Get a lawyer that will want a piece of that. Ask for at leat $500k and share 30% with the lawyer. He'll 99% win the case
     
  14. kvmcable

    kvmcable Supreme Member

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    Yeah good luck finding an Attorney with those terms.
     
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  15. ijof9

    ijof9 Power Member

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    @kvmcable Like I said, the country is a little underdeveloped. Not too much, but anyway - what you say sounds pretty intimidating. I understand they might bribe their asses out of this one but I'll do my best to draw customers in via PM. Maybe a little group thinking will help up. The first time I ordered the card I didn't knew they sell broken shit. It was a Black Friday thing, you know...

    Like I said, the Consumer Protection Agency (CPA lol) is the investigating body and will run the case on my behalf. I don't have to have an attorney on my own, they'd be the one doing all the things, including my settlement claim and if what I ask for is within reason and achievable boundaries.
     
    Last edited: Jan 25, 2013
  16. kvmcable

    kvmcable Supreme Member

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    Good luck to you mate. I've just been in Court more times than I wish to share. I've lost cases I should have never lost; that nobody in the room would agree I should have lost yet a crooked Judge (later found out related to the defendant's Attorney) said no award. Anytime you're in Court there is nothing certain. It's like playing craps; you place your bet on an Attorney, argue a strong case but when the dice are rolled you might just crap out and lose it all. In real Court, the good guy doesn't always win no matter how solid the case. Seasoned Attorneys know this and unless they're about 90% sure they can get an out of court settlement they won't work on consignment. They know if they go to trial they might lose it all.
     
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  17. Aegroeg

    Aegroeg Regular Member

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    A judge was related to one of the lawyers? Surely that isn't allowed!! Gobsmacked.
     
  18. ijof9

    ijof9 Power Member

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    That's almost insane mate. Where did that happen? In the US? I know you need some "well-connectedness" but corruption on that level? For real? What was the case about?
     
  19. IamNRE

    IamNRE Jr. VIP Jr. VIP Premium Member

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  20. ijof9

    ijof9 Power Member

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    It's a right-hand traffic country. Can't drive that here. Sorry.