Re: What claim, if any, does my client have???

Actually, I don't have an answer to your question. But I know who does! His name is Derek Simms here in Birmingham. (check the state bar directory online). I believe that he handled a case like this a few years ago and sued them and got some money - not sure how much. I suspect that the phone company will claim that all they owe him is his money back. He shouldn't be paying the bill, that's for sure. That way they'll cut off the phone that is in the advertisement!

If you talk to Derek, tell him I sent you.

Sterling L. DeRamus

Attorney at Law

sderamus@bellsouth.net

Re: What claim, if any, does my client have???

I actually (1) had a problem like this myself and (2) had a client with the same problem. Both results were positive. The results can depend on the phonebook company. We have BellSouth, Yellow Book USA, Centurytel, Verizon, etc.

If you want some help or just to ask questions you can email me and we can talk on the phone about your client. There are a couple of companies where this has happened several times which can potentially serve as a basis for damages in addition to the business loss (although you know it's going to be hard to tie a slow down in business solely to that one phonebook). As an out of state attorney you can "enter an appearance" once each year to litigate in our court system by filing for admission pro hac. As a practical matter, you'll need this case to be handled on a contingency fee basis anyway.

Randy Ford