Any lawyers here? I have a question about "fraud"

firefox_fan

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Sun Jul-08-07 08:06 PM
Original message

Any lawyers here? I have a question about "fraud"

My aunt revealed to me yesterday that she has given over 1K during the last two years to a religious web site that takes money for delivering "powerful prayers" to deal with some bad circumstances in her life. Naturally, things have not gotten better. Of course, she's an idiot for having fallen for that, but she's very superstitious. Any idea if she would have any chance of winning a lawsuit? Isn't that fraud? Thanks.

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Hawkeye-X

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Sun Jul-08-07 08:10 PM
Response to Original message

1. No chance. Caveat emptor.

That's what I always tell the fruitcakes who try to bait me.

Hawkeye-X

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Guaranteed

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Sun Jul-08-07 08:44 PM
Response to Reply #1

5. Caveat emptor is not a defense to fraud. It's an alternative and opposing

Edited on Sun Jul-08-07 08:45 PM by BullGooseLoony

legal theory to having warranties on purchases, and has largely been pushed out of the law anyway.

A fraud action here would rest its case on the possible fact that there was a knowing misrepresentation regarding the prayers made with the intent to induce reliance. That was never allowed, even when caveat emptor ruled the day.

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firefox_fan

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Sun Jul-08-07 08:48 PM
Response to Reply #5

7. Not sure I understand...

Do you mean that if those guys can show that they REALLY believe in prayer and are just asking to be paid for the time they spend praying than things are OK? But if they don't believe in prayer and this is just a way of making money it's fraud instead? How about Scientology?... Thanks.

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FormerDittoHead

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Sun Jul-08-07 08:13 PM
Response to Original message

2. Things may have been worse, the prayers may have helped!

I just came across this today. Surprisingly relevant to your question. You may want to check it out...

The greatest optical illusion:
http://video.google.com/videoplay?docid=807885014283530747&hl=en

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Faygo Kid

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Sun Jul-08-07 08:21 PM
Response to Original message

3. It depends on the tactics used. And your state's laws. The facts are determinant.

It might be difficult, but it will all turn on the facts, and perhaps the consumer protection laws in your state. If they promised to pray for her - probably no chance. If they promised results - you've got a shot. How much is "over 1K?" Just over $1,000? If she is 'very superstitious,' she may need more than to worry about losing a grand. And you might want to look into a guardianship.

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firefox_fan

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Sun Jul-08-07 08:38 PM
Response to Reply #3

4. Yeah, I'm wondering about her mental health...

But I'm not religious, I have NO IDEA whether religious people routinely give these amounts of money for prayers and whatnot. I'll ask her for the site name and look into it though. I bet they're very sneaky and promised nothing.

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bananas

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Mon Jul-09-07 01:13 AM
Response to Reply #4

8. Next will be the lottery tickets.

It isn't just about religion or religious people.
And it is absolutely logical in a certain way,
as she gets older, she has less to lose by taking high-risk high-payoff bets.

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Guaranteed

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Sun Jul-08-07 08:46 PM
Response to Reply #3

6. I'd say that sounds about right.

But remember that reliance on a misrepresentation must be reasonable...

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treestar

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Mon Jul-09-07 06:40 AM
Response to Original message

9. The state's consumer laws, or any telephone solicitation or similar

laws, would be the place to start.

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