Legal Question in Legal Ethics in Oregon

I have a question regarding a program I purchased some time ago. I bought the program under the impression that it was a system optimization tool. I have since discovered that the information regarding the legitimacy of this product may be fraudulent and misleading. The website that I went to when I was doing a google search for system optimization tools is: https://www.safecart.com/order and the product is the regcure PC optimizer if you care to do your own research.

Basically, I am wondering if I can pursue compensation for the damages done to my computer as a result of this fraudulent advertisement. Or can I file a claim against this company to get my money back. I don't want any one else to fall victim to this scam, and it seems that when people sell a product that claims one thing, but damages it in other ways, you should have some sort of protection against this sort of victimization. Can you let me know what you think? Thank you for your time.


Asked on 2/26/10, 4:52 pm

1 Answer from Attorneys

Daniel Meek Daniel W. Meek

What you want to do will be difficult. First, the "license" you agreed to when installing the program probably says that the company is not liable for any damage to y our computer. Second, you could certainly file a lawsuit against the company here in Oregon, but you would have to serve the company with the complaint and summons, probably at its headquarters. There might be a defense that merely offering stuff over the internet does not comprise "doing business" in Oregon sufficient to warrant jurisdiction by the Oregon courts. If so, you would have to sue them where their headquarters is located. This is getting pretty expensive already. If you win, you would then have to collect the judgment from them, which very often requires hiring a collections attorney to use the processes available in the state where the company is headquartered. The collections attorney has to take the Oregon court judgment and register it in that other state, then find assets of the company and institute proceedings to seize the assets. So it is a big task to do what you want to do.

You can, of course, complain on Epinions and other consumer complaint websites in order to warn others of this harmful software.

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Answered on 3/04/10, 6:51 am


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