Suing self-publishing company for false promises
There's about 249 known complaints against a self publishing company I know of, and the number is rising. Each are worths at least $33,000 in claims. The US courts awards at least $7,500 in damages against false promises, and for someone who has already spent that $33K, the $7,500 is better than nothing. Can I sue a self-publishing company for false promises?
Hi there. From the information you provided, it sounds like you may have a potential claim against a self-publishing company for “false promises”. The exact nature of these promises and the context in which they arose is not clear. Nor is it clear whether the company is an American corporation and whether your legal relationship with the company is governed by US law. For these reasons, the information below is of a general nature only and should not be considered specific advice.
When two parties enter into an arrangement to buy or sell goods or services, they ordinarily form a legal contract. A contract can be formed entirely online. The contract will usually involve one party promising to provide goods or services to another party in exchange for payment. In Australia, the law says that a party must be honest in their dealings with another party to the contract, including in the negotiation phase before the contract is signed. If one party makes a false statement that induces the other party to sign the contract, then this is called a “misrepresentation”. The party who has relied on the misrepresentation (and suffered a loss as a result) will have a legal claim against the other party. This claim may enable the relying party to get out of the contract and/or seek compensation.
You may have a claim for misrepresentation against the self-publishing company, depending on the exact nature of the “false promise” you are referring to. Alternatively, you may be able to sue the company for misleading and deceptive conduct if they are subject to the Australian Consumer Law.
The information you provided suggests that the publishing company may be based in the United States. If this is true, your contract with the publishing company is most likely governed by the laws of a particular US state. American law can be very different to Australian law and you should seek the advice of an American lawyer for more specific information.
Suggested way forward
The information you provided suggests you may have a legal claim against the self-publishing company, depending on the nature of their conduct and what they promised you. Speaking to a lawyer will help you understand your legal rights and the best course of action. By pressing the “Consult a Lawyer” button, LawAdvisor can help you search for experienced lawyers and obtain fee proposals for their services. Costs for legal advice and representation will vary between providers based on experience and the scope of services.
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