Q: I was scammed by false advertising. How can I recoup my losses?
I purchased 925 sterling silver from a company named Silverdepot. Not only does their name imply they sell silver but they advertised as selling real 925 sterling silver. Upon receiving the items I sold them as real silver. On my 4th order I decided to test the product. It was fake and stuck to a magnet. They refuse to take items back because they were not in original packaging well some of them. But how else was I to test, I even ruined my reputation by selling the fake items unknowingly. Is there anything legally I can do to make them refund my money? I have proof of everything From false advertising to product. I even filed a claim with the FTC and BBB. Am I out my money? Plus I ruined my reputation as a online jewelry store. They are based in southern California And I’m in Northern California so I can’t just take them to small claims as I can’t serve them. Please help.
A:
Sorry to hear that you were scammed. The fact that you are in No. Cal and they are in So. Cal should not impede you from filing a suit if they entered into a contract with you in No. Cal. You have J/D there. Otherwise you have to go to So. Cal. I don't understand your reference to not being able to serve them with papers, if you have their address, you can serve them. If you are pursuing this on your own, you should investigate Cal. False Advertising laws, and this would also fall within the Unfair Competition Law (B&P § 17200). You could even bring this as a class action to seek injunctive relief. You should take this matter to a local Consumer Rights Advocate to review, he may take this on a contingency if there are sufficient assets to recover from.
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