Ripped off by CitySpree? I might be able to offer free assistance

[TheLoneGunman]

I recently purchased a CitySpree GC (post-bankruptcy filing) and was told that it would not be honored because they filed bankruptcy.

This constitutes fraud. Further, since they continue to promote their sales and actually sell worthless GCs to people, this represents a pattern of corrupt conduct which puts them in violation of certain "organized crime" statutes which in turn allow a person filing a civil suit to collect additional damages.

I also have an interesting theory that I think would win and allow me to collect on worthless pre-bankruptcy (filed March or April 2001) GC's

I have been successful suing other companies (like Egghead and Onsale.com under these statutes in Northern California -- see my long Suckage/NSS thread).

If you have these problems and are in Northern California, I would be willing to assist you in filing suit and would actually take you through the whole process for free (you can add my costs into your case and collect them from CitySpree without having to pay me first)

I would also work with others to help exchange information and legal briefs (again for nothing up front) if you wish.

I must state that I am NOT a member of the state bar (although I have taken cases all the way to the US Supreme Court), but I have won an interesting case in California (Brix v. Universal Wrestling Federation) which states that I can represent people in California anyway.

[fakesurfers]

Maybe you should start some sort of class-action suit... the initiators usually make out pretty good, especially if you hit them with RICO...

[blueberry muffin]

Assuming I/We can get a judgement against them, how do we collect the damages?

[TheLoneGunman]

Class actions suits are messy, they take forever, and the only ones that rich are the lawyers.
Therefore, I intend to file a series of smaller suits, but that are all heard at the same or similar times. They may end up being combined by the Judge, but that will be up to them.
More likely, the Judge will hear the evidence in detail once and then for the rest of the cases just allow that previous presentation to be included.
Another advantage with individual cases is the size of the damages and the speed of the case. The smaller the dollar amount, the quicker the case goes through (because it can be heard in a smaller court). Also, you can collect the same penalties in EACH case which results in higher totals.

As far as collecting damages, CitySpree obviously has receivables (they are still selling GCs), they have cash on hand (to pay for spam, keep their servers running, etc) and that all can be seized once there is a jugement. Also, the machines and such can be seized and sold at auction. Finally, I intend to pursue Anne Stanton and others PERSONALLY as well as professionally and I think I can win and therefore collect against them directly (i.e. sell her car, clothes, raid her bank accounts, etc)

[Markel]

Originally posted by TheLoneGunman
...I have won an interesting case in California (Brix v. Universal Wrestling Federation)
Hmm. Maybe a little legal research and we can unmask TheLoneGunman! :eek:

[sizemic1]

What percentage of the 6.25 i spent on a GC do you want? :)

even for the $25.00 face value, it's not worth my time. I've made out on enough of these GC's that i consider myself WAY ahead of the game.

[TheLoneGunman]

Originally posted by sizemic1
What percentage of the 6.25 i spent on a GC do you want? :)


Absolutely none.

I can claim legitimate fees of $150 to $250/hr as part of the settlement for legal consultation and assistance.

Further all expenses are also awarded as part of the judgement.

I anticipate people being able to get a lot more than just the $6.25 they lost. However, this will take time. It might also not be 100% collectible, but anything not collected is still valid for 10+ years (and Anne eventually has to acquire some assets -- we can raid her SS checks when she qualifies for them if we have to)

[ken]

I don't get it, vendors are still accepting my cityspree gift certificates.

If the vendor refuses your gift certificate, sue them too! They entered the deal with cityspree, they should honor it.

[alyosha]

I have now first incedence of being refused to honor the Citispree GC buy a restaurant, they offer to honor the 6.25 out of each GC in order "to protect customer's investment" but refuse the whole amount. So I guess they are afraid to outright break the contract with cityspree. Just my two cents, maybe it will be of use to any of you, other vendors are accepting them so far in my area.
My understanding they did nothing wrong by selling GC's after the cahpter 11 filing, since they were not closing the company but reorganiseng its debt, their obligations to the customers and to the vendors are intact, but I might be wrong. i am not interested in Anne's SS checks ... Thanks for the offer though...