Legal Question in Business Law in Utah

which company do I sue?

I am going to file a suit against a firm for breach of contract. I purchased some internet coaching sessions from a company. They did not give me the services they committed to. I sent them a demand letter telling them I would file suit if they did not refund my money. They contacted me and told me that they are a marketing firm and that they contracted out the coaching sessions to another firm and if I want to sue I should sue the other firm. Is this correct? Do I file the claim against one or both of these firms? Also, the charge to my credit card came from a company in Florida. Does this matter, or if they are just a billing company is the firm in Florida inconsequential? The marketing company which I entered into the agreement with and gave my credit card info to is located in Utah.


Asked on 9/30/04, 6:23 pm

3 Answers from Attorneys
Scott Linden Scott H. Linden, Esq.

Re: which company do I sue?

I agree that more information is needed and that you should sue both, however...there is certainly the possibility that you can sue right here in CA.

Because the Internet is international, laws regarding it are uncertain. Because you agreed to the contract terms, and effectively "signed" the contract here in CA, the question becomes whether they "purposely availed theselves" to you in CA and are they enjoying the "benefits and protections" of CA law.

Did you pay sales tax? What rate of tax? Did they send you anything in the mail?

These are just a few examples of additional information that is needed to formulate a complete answer.

If you would like additional assistance, please feel free to contact me at my office at 626-578-0708 or through one of our firm's sites. The one most relevant to your situation would be www.RulesofEmployment.com.

Thank you and good luck!

Scott

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Answered on 10/01/04, 5:21 pm
Alvin Lundgren Alvin R. Lundgren, L.C.

Re: which company do I sue?

Sue both the seller and the coaching company. You will have to sue in Utah or the domicile of the coaching company.

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Answered on 9/30/04, 6:33 pm
Edward Hoffman Law Offices of Edward A. Hoffman

Re: which company do I sue?

The company you contracted with can't just walk away from its obligations like that. You can take them to court for breaching their contract, and you can (and probably should) add the other company as well.

You have not provided enough facts to determine where you can sue. It is clear you can sue in Utah, but there may be other forums available and I would need more information before I could say which other states, if any, would have jurisdiction.

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Answered on 9/30/04, 7:14 pm


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