A consumer law page on mass.gov states that I can sue any of the following:
an individual (use the proper names, do not use nicknames)
an individual doing business under a trade name (d/b/a)
a corporation (Corp. or Inc.)
a trust
The business that I want to sue is not a corporation. Can I even sue the business, or would I have to sue a particular person who works there?
This matter is additionally complicated by the fact that one of the involved parties no longer works at the business. The short story is, I feel that I was unlawfully deceived about the terms of a contract when signing up for a gym, the salesperson who signed me up no longer works there, and now I want to bring a suit against the gym for deceptive practices. Who is liable in that situation? The salesperson or the gym owner?
Thanks for any clarification.
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Editor's Response
You can sue anyone. The question of who may actually be liable to you will, of course, depend on the facts. As for who you should sue, you need to find the name of the business owner. Then, for example, you might sue Joe Smith DBA (doing business as) Joe's Gym.
If the employee made fraudulent statement, he or she is responsible for them and may be held accountable. Also, if the employee acted on behalf of the business owner (seems likely), then the owner may also be liable for the fraudulent statements.