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From: phil@ux1.cso.uiuc.edu (Phil Howard KA9WGN)
Newsgroups: comp.os.msdos.apps,comp.os.msdos.misc
Subject: Re: Warning - dishonest company
Message-ID: <1991Jun3.201951.24245@ux1.cso.uiuc.edu>
Date: 3 Jun 91 20:19:51 GMT
References: <1991Jun1.234549.16574@athena.mit.edu>
Organization: University of Illinois at Urbana
Lines: 69

dma@athena.mit.edu (Donny (Chung) Ma) writes:

>I would like to warn Windows 3.0 and MAC users who are looking for
>accounting software to be wary of any dealings with Absolute Solutions,
>Inc. (ASI), located in Oceanside, California.  ASI makes
>accounting software based on the Microsoft Excel spreadsheet.  

Do they have an 800 number?

>(1) Transfer my Small Claims suit to the San Diego, CA court that would
>have jurisdiction over Oceanside, in order to get a judgment there and 
>be able to directly execute a collection order out there.

I doubt that would help much anyway.

>(2) Continue to refuse to pay my AMEX bill (the product was purchased on
>AMEX back in October 1990 -- I have disputed this charge with AMEX, but
>they don't seem willing to act on my behalf and force ASI to reverse the
>charge).  Further, an attorney advised me that I have protection under
>the Massachusetts Consumer Protection Act, in that it would be "unfair"
>for AMEX to continue to bill me when they know full well that ASI has
>acted dishonestly and it is therefore not my responsibility to pay
>a charge from ASI.

One of the sticky things here is that you are not entitled to get
TWO refunds of your purchase.  If AMEX reverses the charges, then
you have negated the transation with ASI and the force of your judgement
may be weakened, certainly by the amount reversed.

>(3) Hire a Private Investigator or Collection Agency or lawyer to go
>after ASI's assets and forcefully obtain the funds, using my Court
>Judgment as authority.

See what comes of the contempt process first.

>My consideration is that (1) is possible, but most probably require me
>to appear in court in California, making the costs overwhelm the
>possible gain.  (2) seems feasible for now, and is my best hope, but
>is risky, since AMEX may decide to use legal means to force me to 
>pay the bill.  (3) is another case of costs outweighing the possible
>gain, and the odds of it working are uncertain.

Proceed through the courts as much as you can so that you will be able
to collect whatever costs you legally are entitled to collect.

>Are there any other approaches I may consider?  Does anyone know
>about what Federal laws may apply in situation (2) that would protect
>me as a consumer?  I wish I had purchased it on my Bank One
>Visa Card, because their customer service is excellent, and there 
>were two other times in the past where they acted on my behalf to 
>force charge reversals from fraudulent, or otherwise "bad" charges.

You might write to AMEX, on letterhead, indicating that their actions
will not look very good to the thousands of Usenet readers who hold
professional positions throughout the country.  But I would also make
the point that it is too late to reverse the charges via AMEX now due
to the court judgement.  What you should get from AMEX is a letter from
the chairman, apologizing for procedural errors and promising that it
will never happen again.  Anything less certainly must reflect poorly
on AMEX.

>Thanks for any information/suggestions you may have!

I'd suggest also posting your original message in misc.legal newsgroup.
-- 
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/ Phil Howard -- KA9WGN -- phil@ux1.cso.uiuc.edu   |  Guns don't aim guns at  \
\ Lietuva laisva -- Brivu Latviju -- Eesti vabaks  |  people; CRIMINALS do!!  /
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