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  #51  
Old 02-02-2007, 11:31 AM
phish phish is offline
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Default Re: PM me if interested in joining potential class action suit v. Nete

Just wanted to add:

Many people don't understand the true nature of a class action. They think that any suit with multiple plaintiffs is a class action. It is not.

Class actions have their own rules and procedures. And there are firms that specialize in them. These firms go out looking for these opportunities and the results enrich them greatly, but do little or nothing for these people they're supposed to represent.
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  #52  
Old 02-02-2007, 11:36 AM
teddyFBI teddyFBI is offline
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Default Re: PM me if interested in joining potential class action suit v. Nete

[ QUOTE ]
[If you are a lawyer, go on LEXIS or Westlaw right now and see how long it takes you to find a case where a US court had jurisdiction over a non-US company on the basis of the company doing business within the US. It won't take you long. Remember, in your first year of law school, studying something called the "minimum contacts doctrine" in Civil Procedure?

[/ QUOTE ]

"International Shoe" FTW!!!!!!!!!!

BTW, lol @ the gaggle of college dropouts in this thread attempting to drop their knowledge about federal jursidiction & class action suits based based on the half-episode of Ally McBeal their girlfriend made them sit through.

If you want to be included in the potential suit, contact OP, if not, resume your former hysterics.

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  #53  
Old 02-02-2007, 11:48 AM
JPT III JPT III is offline
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Default Re: PM me if interested in joining potential class action suit v. Nete

Good morning, everyone. I have recieved (and read) numerous PM's and write to assure you that I'll be in touch with each of you at some point today. Thanks for the responses. I also hope to speak later today with the firm I'm working with on this matter, and may have more information at that time.
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  #54  
Old 02-02-2007, 11:54 AM
JPFisher55 JPFisher55 is offline
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Default Re: PM me if interested in joining potential class action suit v. Nete

[ QUOTE ]
[ QUOTE ]
[ QUOTE ]
Remember, in your first year of law school, studying something called the "minimum contacts doctrine" in Civil Procedure?

[/ QUOTE ]
The old International Shoe case. However, Neteller had no assets or employees in the US. Their customer agreement stated that the customer agreed that he was doing business in the Isle of Man and could only sue there. Not sure if Neteller had minimal contacts in US.
From the beginning of this ordeal, I have wondered about standing of online poker players to file Declaratory Judgement on legal status of online poker. I doubted that any issue in controversy existed until the Neteller situation. I was just wondering if the frozen Neteller US clients have standing for such an action. I am not involved because I do not have any funds with Neteller.
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  #55  
Old 02-02-2007, 11:56 AM
dlk9s dlk9s is offline
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Default Re: PM me if interested in joining potential class action suit v. Nete

[ QUOTE ]
I'm going to be pissed if a class action forces Neteller to fold and then they take my money with them. We will all get a nice $5 check a year from now while the lawyers make [censored] tons of money.

[/ QUOTE ]

Agreed.

I was notified a few years ago that I got some money from a class action suit because of some flaw in my car's brakes. I had gotten them repaired a year or two before - spent a few hundred dollars.

Class action check was something like $7.
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  #56  
Old 02-02-2007, 12:32 PM
JPT III JPT III is offline
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Default Re: PM me if interested in joining potential class action suit v. Nete

One element of damages we are considering is a refund of Neteller's up front fee charged when customers initially funded their Neteller accounts. By not holding up to its end of the bargain, one might argue, Neteller is no longer entitled to the fee it charged for the service (that it did not provide).

Regargardless of your view on class action lawsuits (and I strongly disagree with many of the posts on this subject), I promise you Neteller will not on its own volition refund any portion of the fees they took for the service they promised (and failed) to provide.
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  #57  
Old 02-02-2007, 01:08 PM
TomR TomR is offline
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Default Re: PM me if interested in joining potential class action suit v. Nete

[ QUOTE ]
One element of damages we are considering is a refund of Neteller's up front fee charged when customers initially funded their Neteller accounts. By not holding up to its end of the bargain, one might argue, Neteller is no longer entitled to the fee it charged for the service (that it did not provide).

Regargardless of your view on class action lawsuits (and I strongly disagree with many of the posts on this subject), I promise you Neteller will not on its own volition refund any portion of the fees they took for the service they promised (and failed) to provide.

[/ QUOTE ]

See if your attorneys will agree that their fee will be limited to any recovery of these fees. I doubt it.
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  #58  
Old 02-02-2007, 01:42 PM
PopFreak PopFreak is offline
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Default Re: PM me if interested in joining potential class action suit v. Nete

JPT 111,

Ok under your idea of how your suit goes, I would like to know how you think I would fare in the end.

I have $207 in NetTeller, that I tried to cash out. last I looked it is pending, but have no idea if I'll ever see it. Not gonna worry too much about $200.

If things go your way, how much of that $207 will I recieve? My initial deposit was $100, I am thinking.
Thanks,
Pop
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  #59  
Old 02-02-2007, 01:54 PM
NoChance NoChance is offline
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Default Re: PM me if interested in joining potential class action suit v. Nete

[ QUOTE ]
You're kidding, right? I would proffer that the moment a party entrusted with another's money refuses to return such money to its rightful owner -- after demand for the return of the money has been made, the custodian of the money has "run off with the money." Moreover, some might argue that here, Neteller's admission that its retention of US customers' money remains indefinite, further emboldens this point.

[/ QUOTE ]

Playing devil's advocate here....

If this is what your main argument will be then I think this will fail. Neteller has not denied money to anyone. They continue to say the money is safe. They also tell you to go ahead and request checks of EFT. Then the status goes to pending and they say it will take a while. But, in no way did they ever say someone was not going to get their money. Now, if there is some law the forces them to return money by a certain date and they do not comply then I think it can be considered a "run off with the money" situation.
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  #60  
Old 02-02-2007, 02:00 PM
JPT III JPT III is offline
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Default Re: PM me if interested in joining potential class action suit v. Nete

[ QUOTE ]
JPT 111,

Ok under your idea of how your suit goes, I would like to know how you think I would fare in the end.

I have $207 in NetTeller, that I tried to cash out. last I looked it is pending, but have no idea if I'll ever see it. Not gonna worry too much about $200.

If things go your way, how much of that $207 will I recieve? My initial deposit was $100, I am thinking.
Thanks,
Pop

[/ QUOTE ]

I would be making a wild guess, and doing you a huge disservice, if I predicted how much would be returned to you in a lawsuit. I'm sorry I cannot be of more help at this time.
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