Monday, January 3, 2011
Lawsuit
I want to start this post by stating that I categorically stand behind my original statement that I am not choosing to pursue any legal recourse at this time besides filing complaints with the appropriate agencies. I have, however, been exploring my options. Better safe than sorry.
So, apparently, have you. I've received many questions today asking about what legal action can be taken to recover a refund. I am not an attorney, and this by no means should be constituted as legal advice, but I have decided to publish what I've found so far.
Small Claims: This information is specific to my state of residence. The upshot is that filing in small claims court unless you are actually in Detroit is kind of a nonstarter. In my state, suit has to be filed within the defendants home state, and I would be required to travel there for all court dates, or hire a representative to attend for me. This is very cost prohibitive, especially for the sum of $21.50.
Class Action: In terms of a class action, that's up in the air. My understanding of the situation is that if the FDA requests a recall I'll have more recourse. But, even then, any amount awarded would only be recovered if GS had the money.
I'm no lawyer, so my interpretation of this is by no means the be all-end all. Your individual state might have other provisions protecting consumers from faulty product, or may allow you to file in your state of residence instead. I cannot speak to that.
I will say that getting the FDA alerted to any issues is paramount, and although I cannot and am not legally advising you to file a complaint with them you can always read about my experience filling out the form here.
While I have been advised by several of the agencies/companies that I have contacted that legal action may be my best recourse I am holding off in hopes that GS will make things right by issuing my refund and accepting returns and ensuring the safe disposal of all my potentially adulterated product, as per FDA recall guidelines.
Should this change in the future I will, of course, update.
So, apparently, have you. I've received many questions today asking about what legal action can be taken to recover a refund. I am not an attorney, and this by no means should be constituted as legal advice, but I have decided to publish what I've found so far.
Small Claims: This information is specific to my state of residence. The upshot is that filing in small claims court unless you are actually in Detroit is kind of a nonstarter. In my state, suit has to be filed within the defendants home state, and I would be required to travel there for all court dates, or hire a representative to attend for me. This is very cost prohibitive, especially for the sum of $21.50.
Class Action: In terms of a class action, that's up in the air. My understanding of the situation is that if the FDA requests a recall I'll have more recourse. But, even then, any amount awarded would only be recovered if GS had the money.
I'm no lawyer, so my interpretation of this is by no means the be all-end all. Your individual state might have other provisions protecting consumers from faulty product, or may allow you to file in your state of residence instead. I cannot speak to that.
I will say that getting the FDA alerted to any issues is paramount, and although I cannot and am not legally advising you to file a complaint with them you can always read about my experience filling out the form here.
While I have been advised by several of the agencies/companies that I have contacted that legal action may be my best recourse I am holding off in hopes that GS will make things right by issuing my refund and accepting returns and ensuring the safe disposal of all my potentially adulterated product, as per FDA recall guidelines.
Should this change in the future I will, of course, update.
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