Submitted by vwaltdog on Sun, 12/18/2011 - 07:42
Posted in
I sent my computer to a company in Ohio to be repaired. We had a misunderstanding on the cost of the repair. I called to complain to the owner. He was very hostile and rude. I filed a complaint with the BBB. When nothing came of that I canceled the dispute. I still have not gotten my computer back from this person who has told me they will be sending the computer back. This was over two months ago now. I would like to sue for the cost of the repairs, the value of the computer, and any attorney's fees and travel expenses. Can I use a lawer here, or do I need one in Ohio. Should that lawer send the company a letter first, because if all I really want is my computer back.
Thanks
Jurisdiction over foreign business
Yes, clearly you would need some type of incentive to get an attorney to take the case, given the computer cannot possibly be worth that much money. I have no idea what the state of consumer law is in Ohio, or whether that state has anything comparable to our 93A.
The issue of whether you can sue a foreign company in Massachusetts under 93A comes down to the question of jurisdiction over the subject matter of the dispute. Subject matter jurisdiction exists under Massachusetts law when the ‘unfair or deceptive act occurred ‘primarily or substantially’ within Massachusetts. Follow the above link for more information on this subject.