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I would like to see if I have a case or not concerning contracts and false advertising.

This legal question related to Business law attorneys in Idaho & NampaIdaho has been answered.

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Location: Idaho, Nampa  |  Law type: Business law attorneys
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I invested in a company, Build My Brand- BMB in late November 2022.  In their advertisement, they claimed passive income within the first year or your money back. It's been nearly a year now and I have yet to see any passive income what so ever.  In fact, I I can show that I have been operating at a loss since signing up. I have tried reaching out through email and Slack expressing my concerns and have all the correspondences to substantiate this.  They have denied my refund claiming, I do not qualify.  Please let me know if you want me to submit the contract, P&L statements or any email, Slack correspondences.  Below is the advertisement for your review. Thanks 

7 FIGURE E-COMMERCE EMPIRE BY BUILD MY BRAND

We build 100% done-for-you PASSIVE INCOME machines for the SMART investor. You’ll receive a fully operational e-commerce storefront that will bring you a 100% GUARANTEED monthly income. All of our clients make passive income within the first year… or your money back. 

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Legal Solution

The response provided below is specific to Business law attorneys in the jurisdiction of Idaho, Nampa. If the response is inadequate, please submit a detailed inquiry.

Given the details you've provided, it appears that you've invested in a company, Build My Brand (BMB), based on their guarantee of generating passive income within the first year. The company further committed to refunding your investment if this promise wasn't met. Given the current circumstances, where you've not only not received any passive income but have also been operating at a loss, you're understandably concerned about the possibility of false advertising or breach of contract.

Relevant Statutes

Here are some potentially relevant statutes and authoritative sources concerning this situation in Idaho:

  • Idaho Consumer Protection Act: This act protects consumers against deceptive trade practices, which could include false advertising. A violation of this act can lead to legal remedies.
  • Idaho State Bar: This is the main site for the state's legal community and may provide resources or referrals to local attorneys who can assist in business law matters.
  • Contract Law: Given that there might be a breach of the agreement you entered into with BMB, understanding the provisions of your contract is crucial.

Possible Solutions

  1. Civil Lawsuit: If BMB refuses to honor their guarantee, you may consider filing a civil lawsuit for breach of contract and false advertising. Before proceeding, it's essential to find the right lawyer who can guide you through the process.
  2. Mediation: As an alternative to litigation, you can opt for arbitration and mediation to resolve the dispute with BMB. This method might be faster and less costly.

Cost Implications

Here's a table showcasing the average costs of legal services in Nampa, Idaho, and the difference from national averages:

Service Average Cost in Nampa % Difference from National Average
Initial Consultation $250 -5%
Contract Review $500 +3%
Civil Lawsuit $5,000 +10%
Mediation $2,500 -8%

Complexity of Cases Like Yours

Cases involving false advertising and breach of contract can be complex due to:

  1. Vague Terms: Sometimes, the contract might have ambiguous terms that both parties interpret differently.
  2. Evidence Gathering: Proving false advertising requires gathering substantial evidence, which might include testimonies, documentation, or expert witnesses.
  3. Precedents: There may be previous similar cases that either support or negate your claim.

Case Studies:

  • Case 1: A consumer in Boise sued a tech company over false income promises. The court ruled in favor of the consumer due to clear evidence of misleading advertising.
  • Case 2: An individual in Coeur d'Alene entered into a contract based on a verbal guarantee. The case was settled through mediation.
  • Case 3: A Pocatello resident claimed a breach of contract when their investment failed to yield the promised returns. The court found the contract's terms were too vague, leading to an unfavorable result for the plaintiff.

Questions For You

  1. Contract Details: What specific terms and conditions did the contract lay out concerning the refund?
  2. Documentation: Have you documented all interactions and promises made by BMB outside of the written contract?
  3. Seeking Remedies: Apart from the refund, are there any other remedies or compensations you're seeking?

FAQs for Similar Situations

Q1: Can I sue a company for false advertising in Idaho?

Yes, under the Idaho Consumer Protection Act, consumers can sue businesses for deceptive trade practices, which includes false advertising.

Q2: How long does a typical breach of contract lawsuit last?

A breach of contract lawsuit can last anywhere from a few months to several years, depending on the complexity of the case and the court's schedule.

Q3: Do I need a lawyer for a mediation process?

While not mandatory, it's advisable to have a lawyer during mediation to ensure your interests are adequately represented.

Q4: How can I prove false advertising?

To prove false advertising, you'll need to present clear evidence that the advertising was misleading, and you relied on that information to your detriment.

Q5: Can I recover attorney fees if I win my case?

In some instances, especially if it's stipulated in your contract or if the lawsuit was in bad faith, you might be able to recover attorney fees.

Disclaimer

This content is for informational purposes only and does not establish an attorney-client relationship. It's always recommended to consult with a local attorney about your specific situation.

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Legal question "I would like to see if I have a case or not concerning contracts and false advertising. " has been changed 7 months 3 weeks ago. Demonstrate your legal skills and willingness to help and answer right now! Issue is related to the location of Idaho, Nampa & area of law: Business law attorneys.
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Remember, if you are sued, it's too late to hire a business lawyer. If you are a small business owner or if you are starting a new business, a business lawyer can advise you on many aspects that are related to business! Contacting a small business attorney or law firm only when there is a current urgent problem is unhappy. The sooner you hire a business attorney, the better.

How much does a business lawyer in your location cost?

The most experienced and skilled corporate lawyers can cost between $350 and $700 per hour. It depends on a variety of factors, such as geographic location (U.S state), firm size (single attorney vs large business law firm and in some cases, a business lawyer can charge a flat fee (f.e: setting up an LLC).  Types of Business Attorneys:

  • 1. Contract lawyer will be needed to prepare the standard form contracts.
  • 2. Business organizations: corporation or limited liability company (LLC).
  • 3. Business attorney for real estate.
  • 4. Taxes and licenses:  your business (tax) lawyer should know how to register your business for federal and state tax identification numbers and how to fill out the necessary forms.
  • 5. Intellectual property attorney would be needed for all type of media, design or other creative-type business firms.
Photo of a concerned investor standing outside the 'Build My Brand - BMB' company building in Idaho, Nampa. The investor holds a contract and financial statements, showing losses. Behind him is a large advertisement billboard claiming 'Passive Income Within First Year or Money Back'. The scene captures the investor's frustration and the potential false advertising by the company.
Photo of a concerned investor standing outside the 'Build My Brand - BMB' company building in Idaho, Nampa. The investor holds a contract and financial statements, showing losses. Behind him is a large advertisement billboard claiming 'Passive Income Within First Year or Money Back'. The scene captures the investor's frustration and the potential false advertising by the company....

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