Can I sue if a site doesn't have a terms of service

Asked almost 2 years ago - Simsbury, CT

I bought something that was a perk for a site but when I got it it didn't do what the description said it did

Attorney answers (2)

  1. Michael Charles Doland

    Contributor Level 20


    Lawyers agree


    Answered . Terms of Service means something totally different from whatever premium you received. Terms of Service/Use are not required, and what your damages are is impossible to determine from your facts.

    The above is general legal and business analysis. It is not "legal advice" but analysis, and different lawyers may... more
  2. Andrew Mark Jaffe


    Contributor Level 17


    Best Answer
    chosen by asker

    Answered . Yes, you can sue the site. Since they do not have a TOS, the "common law" of business transactions will be followed by the courts.

    You are probably better off that they do not have a TOS, because they usually limit liability, reserve the jurisdiction, etc.

    However, law suits are expensive. How much were your damages? Is it worth a fight? If you win, does the site have the money to pay? Can you go to your local small claims court? You need to have a consultation with an attorney and find the answers to these questions and more.
    Andrew M. Jaffe
    Attorney at Law
    Practice Limited to E-Commerce and Internet Law

    This post is provided for general informational purposes only and is not intended to be legal advice specific to... more

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