Original Message:
Re: PERHAPS IT'S TIME FOR A CLASS ACTION LAWSUIT .... (by KC):
jayjay has stated, quoted only in pertinent part:
>> To you folks that's been scammed by an UPFRONT FEE RESALE COMPANY, perhaps you should consider a class action lawsuit against all upfront fee resale companies. << =====================================
The procedural fact (and difficulty) is that any such suit would have to be filed against each individual company, one by one. There is no procedural possibility of filing a single (i.e., collective) action against "all" upfront fee resale companies". It's just not procedurally possible.
In a class action suit, there first has to be an assembly of directly impacted people identified and on board to file suit. If someone is not directly impacted, they can't just "join in". The sued party (defendant) can then request "class certification" (confirmed validity) of the group (class). This is exactly what RCI has done in the class action suit filed against them (Murillo vs. RCI). A judge's decision on that "class certification" process is actually due any day now on (just that particular portion) of that ongoing case against RCI.
Frankly, I believe that most private attorneys would be not the least bit interested in this type of litigation. It's lengthy, expensive, difficult --- and the complainants often don't have very good documentation or supporting records (and sometimes they have none at all). I also have doubts about such litigation being potentially "lucrative" for the attorney(s) representing the plaintiffs. Last (but certainly not least), the participants (or victims, if you prefer) have all willingly and voluntarily entered into their arrangement with the company. While I certainly do empathize with their plight on a personal level, the objective fact remains that it's still a very weak case, from a legal perspective.
My personal view is that folks who have succumbed to the lies and misrepresentations of these bottom dwelling, parasitic upfront fee thieves would have much better luck pursuing formal complaints directly with the Attorney General's office in the state in which the practice occurs (Florida, usually), supplying chronologically presented facts (in writing, no phone calls) and copies of any and all pertinent documents. There are also other consumer advocacy routes available too, some already identified previously here in Redweek forums, but I have no personal experience with those particular entities. Either route has much better prospect for success than a "class action" suit. Just my personal opinion, but it's a well informed one.