"because GameStop/EBgames is conducting business over the Internet, they are essentially doing business in each of our home-states."
Not really true, but it's true in *this* case. You could file suit against GameStop because they have a physical presence in your state, i.e. the local retailer. However, because you bought it online from their website, *especially* if their website is a separate incorporated entity from their main business (many are), you have have to go to TX to slap them with a lawsuit.
For the same reason that states can't mandate sales tax collection on internet sales when a company doesn't have a physical presence in their state, is the same reason you can't sue a company in your state if they have no physical presence there and are based out of, say, Oregon. You'd have to slap them with a lawsuit in Oregon and fight there.
Interesting. I'm going to ask my Dad why he thought the other way on that. Your argument is compelling, though. It has a ring of truth.
Thanks for coming by.
And, interestingly? Elsewhere in the comments here, I may have just gotten contacted by a firm which specializes in class action lawsuits. (Or, it's a hoax by some other individual)
I've been on Live since it started. I used to run one of the top Halo fan-sites for awhile, 'til it took too much of my life. (And probably contributed to my first divorce... but it was also my escape from the mess my marriage was becoming)
Comments 7
Not really true, but it's true in *this* case. You could file suit against GameStop because they have a physical presence in your state, i.e. the local retailer. However, because you bought it online from their website, *especially* if their website is a separate incorporated entity from their main business (many are), you have have to go to TX to slap them with a lawsuit.
For the same reason that states can't mandate sales tax collection on internet sales when a company doesn't have a physical presence in their state, is the same reason you can't sue a company in your state if they have no physical presence there and are based out of, say, Oregon. You'd have to slap them with a lawsuit in Oregon and fight there.
Sucks, but true.
Reply
Reply
Thanks for coming by.
And, interestingly? Elsewhere in the comments here, I may have just gotten contacted by a firm which specializes in class action lawsuits. (Or, it's a hoax by some other individual)
Reply
I’d be interested in talking with you:
ahimmelfarb@KamberEdelson.com
Alan Himmelfarb
KamberEdelson LLC
Reply
Reply
I've been on Live since it started. I used to run one of the top Halo fan-sites for awhile, 'til it took too much of my life. (And probably contributed to my first divorce... but it was also my escape from the mess my marriage was becoming)
What's your tag?
Reply
Reply
Leave a comment