Clermont, FL asked in Consumer Law for Florida

Q: I would like to file a civil suit against a large company for fraud, my time and frustration & future credit monitoring.

I want to file a civil suit against a large company for fraud, my time and frustration & future credit monitoring. I either need an attorney to represent me or advise me on what to file. This is a very large company; I have all the proof needed, I filed a complaint with DocuSign, Microsoft, My local law enforcement, the head of security for the company, the ethics line (external H>R) for the company, FTC, and FCC

The company has tried to sweep everything under the rug. I have so many emails back and forth from their escalations department, director, etc. The CEO had to get involved because of what happened. I have called attorney after attorney, and by the time I get through the intake process, it's like the cup game, the information they pass to the attorneys is so vague that it is "something they do not handle" This is a situation that I believe this company does a lot and normally gets away with it.

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1 Lawyer Answer

A: First, "time and frustration" is not a legally compensable element of damages in most types of cases. What matters most in this type of case is what actual legally compensable damages you suffered. How much money did you have before your dealings with this company that you parted with as a direct result of the fraud perpetrated upon you.

Second, it sounds to me like the information being provided to the attorneys does not state a legal cause of action. While there are many types of fraud, the most common type involves a false statement of an important fact that a reasonable person would have justifiably relied upon in taking some action and that you in fact did rely upon to your detriment that directly caused you to sustain actual compensatory damages.

Third, this does not sound like a case that an attorney would take on a contingency fee--that is, a fee where the attorney does not get paid unless he wins but, if he wins, he gets a percentage of the amount actually received from the company. Routine motor vehicle accidents for bodily injury against an insured defendant are routinely accepted on a contingency fee because they follow a predictable pattern, do not require creativity or large amounts of time, and recovery from an insurance company is relatively certain. Cases that are less routine and more complex are only attractive if the amount of actual compensatory damages is fairly large ($500,000+). Nobody wants to work for free.

I recommend that you actively promote that you are willing to pay a reasonable hourly fee to any attorney willing to accept your case ($300-800 per hour) and that you are willing to deposit a reasonable initial retainer ($25,000-50,000) so that an attorney is assured he will be paid for working on your case. That might be attractive enough if you have a legitimate case for fraud with at least some actual compensatory damages.

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