lawyer who sues online sellers

Where can you sue an online company?

The company can also easily be sued in the state in which it is incorporated, or where it has its principal place of business. Many online companies also have a clause in their user contracts stating where any disputes will be heard. Facebook, for example, directs all legal disputes to courts in Santa Clara, California.

Can I Sue my Internet customer in Small Claims Court?

If, however, the person or business regularly transacts with Internet customers in your state, then you should be able to bring your lawsuit in your local small claims court. In the context of Internet transactions, what does it mean to "regularly do business" in a state?

Can you sue a website for giving out false personal information?

The Supreme Court has held that a person may sue a website for giving out false or inaccurate personal information only if the person can show that they suffered a concrete, actual or imminent injury as a result of the publication of the information.

Can you sue a website for harassment?

If a user accesses an active website, and suffers some harm as a result, it will be far easier for the user to sue that website in the user’s state. A passive website may have to be sued in a distant location. Some online businesses have terms of use that specify a certain location for legal action against them.

What to do if an internet transaction goes wrong?

If an Internet transaction goes wrong, you might consider filing an official complaint against the person or business, either in addition to or instead of filing a lawsuit. The Federal Trade Commission accepts complaints about consumer Internet transactions.

Can a non-resident travel to defend a lawsuit?

It's a tremendous hassle for a nonresident to travel to defend a lawsuit, which is why the courts have strict rules stating that a person must already do regular business in a state in order to be sued there.

Can you sue someone in small claims court?

You cannot automatically sue someone in small claims court when you have suffered an economic loss. The court has to have power over that particular party, which basically depends on where the person or business lives, works, or has an office. If your Internet-related dispute is with a person or business located in your state, ...

Can an internet business be subject to jurisdiction?

An Internet business can also be subject to jurisdiction for purposefully causing an injury in the state. If someone uses the Internet to cause an injury in one state, the person causing the damage may be hauled into court in the state where the injury occurred. In cases where the connection between the activity and the injury is not completely ...

Can James sue Will and Big Gear?

Yes. James can sue both Will and Big Gear in California. Even though neither potential defendant is a California resident, they each purposefully caused an injury in the state by placing the gears in commerce in California. Nonresidents will fight your attempt to sue them in your state's small claims court.

When suing an online company that does not have a physical location, what is the first important issue?

When suing any business, including an online company that does not have a physical location, the first important issue is determining where to file the lawsuit. If a person wants to sue a business, it is far more convenient if the person can sue the business in the closest court in the state where the person lives.

What is the Internet Crime Complaint Center?

The Internet Crime Complaint Center is an agency of the federal government where a person can report online extortion, identity theft, hacking, economic espionage and other crimes involving the internet.

What is the FBI's online form?

The FBI has an online form for communicating tips. A person can use the form to report potential cases of internet fraud , including data breaches, denial of service attacks, malware, phishing, and ransomware. The site links people to the appropriate agency that handles crime reporting for each specific type of crime.

What happens if a website does not perform as promised?

If a person does business with a website that does not perform as promised, by, for example, taking money but failing to deliver a product or service as promised, a person has a variety of possible options for seeking resolution.

What is the law that limits the disclosure of financial information to third parties?

The rules are different for non-public financial information. The Glamm-Leach-Bliley Act (GLBA), a federal law, limits the kind of non-public personal information financial institutions may disclose to third parties. A “financial institution” is not only a bank or credit union.

What is web based company?

A web-based company is a company that does not have a physical location. It exists only online in the form of a website. All of its business is conducted online through its website. It generates its revenue from web-based sales by offering products or services for sale from an online catalogue or product display.

Can a consumer report be shared outside of the law?

They may not share a person’s “consumer report” data outside of that valid need. If a person has an issue with a business that concerns a possible violation of the GLBA or the FCRA, they should contact the Federal Trade Commission or the office of the Attorney General in the state where they live.

Online Marketplace Disputes

eBay Disputes and The Dispute Resolution Process

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Online Dispute Resolution

• If you're still unhappy and the seller consents, you could then try what's called online dispute resolution (ODR). ODR is a form of alternative dispute resolution (ADR) that takes place entirely online. Thanks to the efforts of a few pioneers in the field, including Colin Rule and Ethan Katsh, there are now a number of ODR platforms you could work ...

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