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Jason Scott Marcus

Jason Marcus’s Answers

12 total


  • Is turning in retail store for overcharging (hundreds or thousands of dollars) covered under whistle blower protection law

    A retail (chain) has been overcharging customers by a couple of grand per transaction, requesting more money after they have already been charged also. They also will advertise an item for almost $80 more on internet than in store, and if an item ...

    Jason’s Answer

    I do not agree with the previous commenters. It is possible that the state of California has a state-specific whistleblower law that will protect you (I practice in Georgia and do not know). However, I am not aware of any federal statute that would protect you or any standard state law that would protect you. Under the facts as you have described, I do not expect that you will be protected by the federal or California False Claims Acts, which only applies if you are defrauding the federal or state governments, not individual consumers.

    What it sounds like you have is the makings of a class action lawsuit. But I don't know that there is any sort of "finder's fee" that would make whistleblowing a worthwhile venture for you, since you would not even be a member of the class of potential plaintiffs getting ripped off.

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  • How can I sue someone who sold me a car ran off with my money and never gave me the car?

    I bought a car from this guy on 8/12014 I signed paperwork received a bill of sale he said he would bring the car back 8/6 due to repairs that needed to be done when I called phone number was disconnected and Facebook business page was deleted tod...

    Jason’s Answer

    You can only sue him if you know how to find him because you will need to be able to serve him with the lawsuit, and you will ultimately need to be able to collect from him. If he took your money and ran, there isn't too much you can do. If you know how to get a hold of him, then it's a simple matter of filing a lawsuit in state or small claims court and having him served with it. If he's "a dealer", he would seemingly be registered somewhere with an address on record.

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  • Do I have a lawsuit?For the fact that they are not holding up their end(myinfo 2 enter drawing)Is this fraud?False advertising?

    I filled out a survey on the bottom of a receipt the other day for a chance to win a gift card. But when I read the "Promotion Rules" i noticed the drawing took place months ago. For some reason this scam really pissed me off.Every time I turn on ...

    Jason’s Answer

    You're upset because you were completing a survey for the chance to win a gift card, which clearly stated that the drawing had already occurred, and then they offered you a gift card anyway because you were upset. There is no false advertising or fraud. Take the gift card.

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  • Is it legal for a doctor to charge a lower price if paying cash and a higher price if filing with insurance?

    When scheduling a doctor appointment I was told that the visit would be $50. Upon arriving I was told that if I pay cash it's $50 but if they file with my insurance the visit would cost $135. Since my insurance pays $75 my out of pocket would the...

    Jason’s Answer

    This is a standard practice. They are not increasing their fees for insurance; rather they are decreasing their fees for cash. Doctors and insurance companies already have agreed upon rates that the insurance companies have negotiated - that amount will not change. But dealing with insurance companies is costly and time-consuming, so many doctors will accept cash payments at a substantial discount. This also benefits individuals who do not have insurance.

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  • Should I be worried?

    I went to a store and bought a few things and stole one item (worth $400). they have my information but everything is incorrect except my cell #. the local police contacted me and said they have me on camera but I denied that it. they said they ar...

    Jason’s Answer

    You stole something, the police know it was you, and you should retain a criminal defense attorney immediately. If there current information is not correct, it will not be difficult for them to find out who owns your phone number and track you down.

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  • Can I seek litigation if I was promised a job under false pretense, including city proof the job would not be there.

    On February 6th, I was interviewed for a job, on February 20th, I was offered said job. I gave two weeks notice at my current job, and it was clearly explained that I would resign my current job. I resigned and on a week before I was supposed to ...

    Jason’s Answer

    If you relied on his promise and suffered damages as a result, you may have a cause of action. You will need to contact an attorney.

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  • Is there a reward for food stamp fraud?

    I know of a convenient store that is buying peoples food stamps and that is how they are stocking there shelf, and also selling them things that people are not suppose to be buying with like ciggs and beer and etc is there a number to call

    Jason’s Answer

    I'm not aware of a reward simply for reporting food stamp fraud, but one potential route would be to file a False Claims Act case against the convenience store. There are attorneys who specialize in the False Claims Act; you could try contacting one in your area and seeing if they will take your case. Most work on a contingency basis, meaning they only get paid if they win, so it may be worth your time to make some calls. You cannot file a False Claims Act case without an attorney; it will be dismissed if you try to bring it yourself.

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  • Can I sue craiglist for an item that was being sold on thiere listing but came out to. Be fraud

    I purchase an car on craiglist got an email from google saying it was legit comw to find out it was all a fake after I paid 3440 for a car I never receive and after calling them the day the car was due when saying my name they will just hang up

    Jason’s Answer

    It is unlikely that you will be able to establish that Craigslist is liable for fraudulent postings by third parties. Craigslist is not likely to be responsible for the content of the postings or fraudulent dealings resulting therefrom. Its terms of use state as much, that you are proceeding at your own risk and that the website is not responsible. Moreover, if you were to sue Craigslist, its terms of use suggest that you would have to do so in California and that you would be responsible for its legal fees.

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  • Qui Tam

    A doctor retaliated against me after being made aware that I had filed a medicare fraud complaint against him and First coast Options Services has written him a letter demanding a refund per the copy of the letter we received 01/28/2014 telling u...

    Jason’s Answer

    If you were not an employee, contractor, or agent for the doctor, and were just a patient, you cannot recover for retaliation under the False Claims Act. He is likely within is rights to discharge your mother-in-law, and I would not a doctor who was upset with me treating me in the first place. And if you're through the other investigation, I recommend not doing anything. You are unlikely to get any sort of satisfaction filing a lawsuit based on him having made a complaint about you.

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  • How much can I sue for?

    I am running a home based company and one of my clients has accused me of fraud after 2 months of service and zero complaints about the service. They have filed a charge-back and the funds will be forced out of my account including extra fees. Do ...

    Jason’s Answer

    Generally you would treat this as if the client had not paid you in the first place. If the actual damages are $230, that is going to be your damages, plus court costs, and this would be a good candidate for small claims court. If you have a contract that specifies interest for unpaid invoices, include that. If you don't, your state may have a law that allows pre-judgment interest, so include "with interest" in your complaint.

    If "dealing with the issue" is not something you would normally charge for, you are unlikely to get damages for what is essentially just the cost of doing business. For example, if they hadn't paid, and you spent 6-8 hours sending them invoices and letters and calling them trying to work out payment, that's not money you would be able to collect. I would not waste my time and money trying to get them for supposedly calling you a fraud to the credit card company/bank unless they're making their accusations in public fora, such as on Yelp or internet blogs or somewhere else that could hurt your business. If that is the case, you may want to consult with an attorney to discuss potential damages based on damage to your reputation.

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