FasTTr

they seem to be communicating to a few select people inquiring about placing an order.

Well, in spite of the fact that Ralf took the time to let a forum member know by email that he would be "back-in-business" starting today, still no email, phone call or any communication from Ralf regarding my refund for my TT hardtop.

I won't go into details again. If you want to follow the initial post and all follow-ups go to http://63.64.251.25/tt/trs.htm. After many failed delivery promises I cancelled the order on Jan. 21st and requested a full refund. It is Jan. 28th and Ralf has not even had the courtesy of acknowledging my request for a refund and stating when he would return my money.

Again I would request that you support me, and if you feel The Race Store has been improper in their business practices with you, that you go to the web site http://www1.ifccfbi.gov/index.asp and file a formal complaint. If there are any lawyers lurking around this forum, could you offer me some advice? Should I hire a lawyer based in my area (Dallas) or would I be better off hiring a lawyer based in Akron to pursue my refund. You can click on the TexasTTR link above to email me. Also it still seems no one has the physical mailing address of The Race Store. If you know of one please email me.

I will post another update near the end of the week.<ul><li><a href="http://63.64.251.25/tt/trs.htm">http://63.64.251.25/tt/trs.htm</a</li></ul>

Boosta

No replies to email and/or their voice mailbox is always full.

kweefe

I got in a message last friday and another early this moring, but it's full again. still no reply.

Dave G

back of your credit card statement for the address on where to send it to). If you actually received a product, your credit card company may deny your dispute.

If you paid by check, you may need to sue "The Race Store" and/or the proprietor. You can sue somebody where an accident occurred, or where a contract arose, or where you can find the defendant, or where the defendant does or did business. (this is oversimplified, but you get the idea).

You need to find out if The Race Store business was incorporated. If the business was incorporated, you would sue the corporation. If it was not incorporated, you would sue the proprietor individually AND as the person doing business as The Race Store (often you'll see this as "John Doe, individually, and John Doe d/b/a ABC Business).

Based on your post, and The Race Store website, it appears that The Race Store may be in Akron Ohio. And you are in Dallas Texas. You may still be able to sue The Race Store where you live, because The Race Store may have sufficient contacts in Texas, meaning that The Race Store does business in Texas, and advertises in Texas, etc, which would allow you to sue him in Texas. You should have an attorney who you trust, in your area, research the latest Internet law in Texas, to see if The Race Store's ads on the internet provide sufficient contacts for you to sue them in Texas.

As for your idea that the proprietor of The Race Store might be subject to criminal sanctions, you will find that this is a very tough road. Many of the criminal statutes that The Race Store or its proprietor might have violated need "intent" for a conviction. Certainly pursue it, but don't hold your breath. Also, even if you think you have sufficient evidence for a criminal conviction, if the prosecutorial bodies in Ohio and Texas don't think its worth pursuing, its not going anywhere.

So we are back to the question: By what method did you pay for this item?, and did you ever receive any product (conforming or non-conforming) from them?

Note:
Although Corp searches seem to be possible at
http://www.state.oh.us/sos
you may want to call the Ohio Secretary of State at 1-877-SOS-FILE, and ask for assistance. Ask them for info on any business filings by "The Race Store", or its proprietor. You want to know if "The Race Store" was incorporated. If so, when, with what address, and who are the corp officers, etc. If not incorporated, maybe they are operating under "fictitious name" status. If so, get the filing info, with names and addresses, etc.

FasTTr

Thanks for the info. There are no matches at the Ohio Secretary of State web site so I will call the toll free number you posted.

In general is web site advertising sufficient to prove a business in Texas? Or do I have to establish shipments into Texas?

NickS

I sent the powers at be here at AW an e-mail. I personally think that if they have paying advertisers that are doing this to the AW members...THAT'S BAD!

Dave G

business's State in order to sue them.
However, if there are sufficient contacts with your State, you may be able to sue them in your State. There are too many issues in that regard to address here, but an attorney in your State whose practice includes a lot of civil litigation will be able to provide you with details.
I am not sure if the latest caselaw indicates that the advertising that businesses do (such as the banner ads here on AudiWorld) constitute contacts with other States sufficient for you to sue them outside the State in which they operate. If the business only ships a product to another State, that is not sufficient contact with the other State. The business needs to have "done business" in the other State (your State) such that the business has then subjected itself to the jurisdiction of the Courts in your State.
I'm not sure how much money is at issue here, but if its over $1,000 it might be worth talking to an attorney in your State. If you end-up needing an attorney in Ohio, and you can't find anybody, post here, and I'll try to help you get an attorney there.