cstargio wrote:
> That said I want to put a halt to my involvement and get reimbursed
> for my inventory. What I need is tips on how to write a letter
> asking for same as the MLM does not honor returns (if I'm
What state is the MLM domiciled in?
What state does the MLM do business in?
I assume that the MLM you are in is not a member of the DSA.
If it is, then you can file a complaint with the DSA stating that the
MLM is violating the DSA Code of ethics. It won't mean anything,
because the DSA has publicly admitted that:
* None of its members are in compliance with that code;
* They do not expect any of their members to be in compliance with that
code;
* It does not have the ability to enforce that code;
* It does not have inclination to enforce that code;
> understanding what I read last night I need to ask for reimbursement
> before seeking arbitration in the State of CA).
Unless the contract you signed specifies that you must seek arbitration,
do not do so. Where MLMs are concerned, arbitration is one sided --- in
favor the of the MLM. Justice and arbitration are mutually exclusive
terms, when it comes to MLMs.
> Anyone out there who could suggest some key points that may perhaps
> encourage the MLM to accept my return would be helpful.
The points to make depend upon the contract that you signed with the
MLM. It does no good citing California law, and Ninth District Case
law, if your MLM is in Florida, or the Second District.
> If I go to small claims in CA would the case be heard in my city of residence or where
> the MLM is based (i.e., TX).
If the MLM is located in Texas, and you have had your product for less
than one year. Return it to the company, and get proof of delivery.
They are legally obliged to refund a _minimum_ of 90% [At least one
court suggests that that amount is unreasonably low.]
If they fail to refund your money within 90 days, you can file criminal
charges against the individual who signed for the return of the
merchandise, and civil charges against the company.
>If I do decide to file suit does anyone know if filing a class action
law suit in CA is generally more
> expediant than those filed personally?
You'd need to talk to an attorney about that. It depends upon the
contract you signed with the MLM, the laws in the state that it is
domiciled in, and the laws of the state that you are in.
xan
jonathon
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