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Originally Posted by Nomadic Definition of fraud:
a. Any act, expression, omission, or concealment calculated to deceive another to his or her disadvantage; specifically : a misrepresentation or concealment with reference to some fact material to a transaction that is made with knowledge of its falsity or in reckless disregard of its truth or falsity and with the intent to deceive another and that is reasonably relied on by the other who is injured thereby
b. A deception deliberately practiced in order to secure unfair or unlawful gain.
c. Something intended to deceive; deliberate trickery intended to gain an advantage |
Sadly the state of Georgia does not use a dictionary as its legal code.
(I'm using Georgia because that's where OverdrivePC is located.) They use the
Georgia Legal Code A search of the Georgia Legal Code for 'fraud' will bring up 89 entries, and a search for 'false statements' returns 81 entries, a few of which refer to the same code(s). The only ones I think apply here would be the ones for things like;
'wire-fraud' [if akello's payment was no good]
'non-delivery of goods and services' [if akello did not get his computer]
'warrenty' [didn't look this one up, however, here in Ohio a warrenty is a service contract and would fall under the above.]
The law you are looking for is I believe this one;
51-5-4 Quote:
51-5-4.
(a) Slander or oral defamation consists in:
(1) Imputing to another a crime punishable by law;
(2) Charging a person with having some contagious disorder or with being guilty of some debasing act which may exclude him from society;
(3) Making charges against another in reference to his trade, office, or profession, calculated to injure him therein; or
(4) Uttering any disparaging words productive of special damage which flows naturally therefrom.
(b) In the situation described in paragraph (4) of subsection (a) of this Code section, special damage is essential to support an action; in the situations described in paragraphs (1) through (3) of subsection (a) of this Code section, damage is inferred.
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The local BBB in fact would be more familiar with Georgia laws and would function as a mediator. Note: A ruling by the BBB is
NOT in any binding to either party, in fact the BBB has no legal authority. They could rule that OverdrivePC has done all it can in this matter, or that OverdrivePC has not. Either way the BBB's findings would be helpful in any legal action.
But, that matter should remain between the two parties involved. Quote:
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Originally Posted by statsman One does have a record with the BBB until some filing is made by a customer. The fact that the BBB does not have them on record generally indicates that no complaints have occurred. Check with the BBB to verify this, but I am 99.9% certain that this is the case. |
You are infact 100% correct as I stated;
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In that four years the BBB has not ,as yet, generated a report for them. In other words no one has complained to the BBB about them before. |
A company can however become a member with the BBB, if they so wish, at any time. That is up to the company, but having a file is very helpful when Joe Consumer wants to check out a company, as is RR. (If you look around this forum page you'll see why, some are flat out scams.
)
In fact some of OverdrivePC's competitors are BBB members, some are not.
For Example;
Falcon-Northwest Quote:
File Open Date: March 2004
BBB Membership: This company is not a member.
The Bureau processed a total of 0 complaints about this company in the last 36 months, our standard reporting period.
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Alienware Quote:
Membership Status: This company is not a member.
The Bureau processed a total of 675 complaints about this company in the last 36 months, our standard reporting period. Of the total 675 complaints in the last 36 months, 393 of those were closed in the last 12 months.
The Bureau's report on this company is being updated. As of April 18th, 2006, this company's membership in the Better Business Bureau has been suspended, pending revocation by the Board of Directors. |
They should have never sold out to Dell.
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Originally Posted by statsman That said, you take a very methodical approach to this problem and should be commended on your objectivity. |
Thank you, I only wish I got a nickle for it each time