Legal Question in Business Law in Florida

Alternatives to getting Ad money back

I sent $10K to a Florida company to do some online Advertising. Turns out they didn't have the WebTraffic to justify the numbers they gave me. They cannot send me the web traffic as they don't have it. They verbally told me at the beginning they would give me back the money if I wasn't satisfied. 4 months later and they are not doing 90% of the marketing they promised, they never even started it. To generate the same traffic from another company will cost $40K.

Should I try to salvage something in small claims? Should I claim in district court for the replacement advertising for $40K? Should I sue for higher for the strain its put our small company under not having those funds (in order to scare them into settling?)

I know the owner is planning on selling in the next few months. I need an economical way to get them to settle this and get my money back.


Asked on 1/10/03, 11:03 am

3 Answers from Attorneys

David Slater David P. Slater, Esq.

Re: Alternatives to getting Ad money back

Without reading your contract no one can give you proper advice. The cheapest way is for you to sue them in County Court in the County they are located in.

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Answered on 1/10/03, 11:11 am
Laurie Anton Laurie H. Anton, Esquire

Re: Alternatives to getting Ad money back

Have you considered Mediation? This is a voluntary means of coming to an agreement between the parties whereby it costs you the mediator's hourly fee,perhaps a fee for the use of the meeting space, and your time. At the conclusion of the mediation, the outcome should result in an agreement that both parties can live with. If there is a violation of that agreement, it may be enforceable in a Court of Law. Depending upon where you are located, you might try contacting your local Bar Association to get a list of Certified Mediators. Mediation is an excellent alternative to litigation because it is less expensive, quicker,confidential, and less interruption of your business.

If you have other questions,you can call

our firm (239) 334-4121. Good luck.

Laurie Anton, Esq.

Certified Circuit Civil Mediator

Henderson, Franklin

239-334-4121 (Ext. 211)

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Answered on 1/10/03, 11:12 am
Randall Gilbert Gilbert & Caddy P.A.

Re: Alternatives to getting Ad money back

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney�s individualized advice for you. By reading the �Response� to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

RESPONSE: First, District court refers to Federal court which is usually available when the parties are from different states, and the amount in controversy exceeds $75,000.00 Since your claim does not exceed $75,000 there is no federal court subject matter jurisdiction over your claim.

Second, since your claim exceeds $5,000.00 you cannot be in small claims court. Instead you will be in county court. Because you are in county court, if you are a business you will need to hire an attorney (you are not allowed to file this suit yourself). Only attorneys may represent a corporation, if the matter is not in small claims court (i.e the "people's court").

Third, there is no right whatsoever for mental distress or hurt feelings, or emotional harm etc.. when the case involves a contract. They will be automatically barred.

Conclusion: If you desire to pursue your claim any further you will need to hire local counsel in Florida in the county where the Defendant resides or has an office. If you need the assistance of finding local counsel, then contact me at (305) 769-3000. Yours truly,

Randall L. Gilbert

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Answered on 1/10/03, 11:26 am


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