Legal Corner

Rights and wisdom
Rudy50 15 Reviews 417 reads
posted

If the goods bought were not for the purpose of pursuit of an illegal enterprise, you would have the right to sue.  But expect the defense that you did make the purchase in pursuit of an illegal enterprise, including proof of your ads and maybe your reviews.  

False advertising claims brought by individuals are hard to win.  If the "false" statements are considered just "puffery", i.e. an opinion-laden sales pitch, then the representations about the quality of the product is not a good cause of action.  

Assuming you could prove your case, how wise is it to spend the time pursuing it?  You would spend 5-20 hours putting your case together and appearing in court (probably 2x-- once to pick a trial date and then for the trial).  Do you have more profitable uses of your time?

And even if you show that the particular product is not necessarily in pursuit of prostitution, the implication you are an escort will be before the judge and may well attract the attention of LE.  Individual, non-agency escorts are generally left alone by LE because they don't draw the public's attention to themselves and LE has bigger fish to fry.  But you go into court, and maybe you appear the same time traffic court cases are heard and some MADD zealot is watching the cases.  A complaint by Jane Q. Public to the County or City prosecutor, whose office will be in or near the courthouse, will put LE on your trail.  

Not. Worth. It.

As a sex worker, do I have rights in the legal system.  

If I purchased something within the hobby from someone who advertises within the hobby and it is false advertisement and I get a shitty product, can I take them to small claims court...

If I were just a regular consumer that purchased something and it was bad or not as advertised, I could request my money back...and if after that, possible take them to small claims court

But I am a sex worker...and a consumer

I have gathered that many ladies just walk away from scam artist that pray on us, thinking we would not dare take them to court, but it is the principle of it..

If and when I take this ass to small claims court, will it be dismissed because of how I spend my time and not what I spent my money on...

octovert544 reads

Your purchase: what sort of goods was it? I'm not sure how much protection there is against being cheated by a dealer in lotions and toys and other such but I would expect you would have a case insofar as the value of the goods can be measured. As for trade tools -- that might be little harder for you to get traction

If it was a substantial amount...  perhaps a photographer did not give you your pictures?   Even if they are pretty explicit, that's not illegal!  You just wanted them for yourself or maybe for a fashion portfolio.   Weigh your options carefully.

She paid $200 for my time to build her a site on wix. It's been transferred to her own account and all she has to do is attach the domain name she already owns and host it. All she has to do is pay the $10.95 monthly hosting and she has a site that she controls.
This women just likes to whine!

Mr-Blonde496 reads

Ask her for her login info, and just set up that up that last part for her.  Maybe she just doesn't know how to do it.  If you do it for her, then she will have a working website, you will still have your $200, and you will not have to hear any more complaints.  Everybody wins.  Then she can change her password to something else after you are done, and she can make arrangements to pay the hosting fees on her own.

Posted By: TiaThompson
She paid $200 for my time to build her a site on wix. It's been transferred to her own account and all she has to do is attach the domain name she already owns and host it. All she has to do is pay the $10.95 monthly hosting and she has a site that she controls.  
 This women just likes to whine!

Mr-Blonde506 reads

Just so you know, if you sue someone in small claims court, and if you win, you are likely to still never collect your money.   Probably only 2% of these kinds of judgments ever get paid.  The rest of the people will generally tell you to take your judgment and kiss their ass.  You can then decide whether or not you are going to spend even more money to continue to go after them, with no guarantees of ever collecting anything.  Sorry, but that is the reality of how things work in our American legal system.  

Plus, as soon as you sue somebody, now and forever, an internet search will show your real name as the plaintiff in a case, and the other person as the defendant.  

Putting that aside, to answer your question, what you do on your own time, and what you spend your own money on doesn't matter.  The judge won't be interested to hear any of that, because it has nothing to do with this case.  All the judge will care about is whether you had an agreement with someone to provide you something, whether you paid, and whether that other person provided you what you paid for.   If you got what you paid for and the dispute was that it was shitty, then you have to convince the judge that it was unreasonably shitty, the person you are suing is therefore going to have to try to convince the judge that you are wrong, and it wasn't shitty, then the judge is going to have to decide whether or not it was really shitty.  That's all that will happen.  

By the way, don't use the word "shitty" in front of a judge.  

Posted By: Euphemia
...If I purchased something within the hobby from someone who advertises within the hobby and it is false advertisement and I get a shitty product, can I take them to small claims court...  
   
 ...If and when I take this ass to small claims court, will it be dismissed because of how I spend my time and not what I spent my money on...

If the goods bought were not for the purpose of pursuit of an illegal enterprise, you would have the right to sue.  But expect the defense that you did make the purchase in pursuit of an illegal enterprise, including proof of your ads and maybe your reviews.  

False advertising claims brought by individuals are hard to win.  If the "false" statements are considered just "puffery", i.e. an opinion-laden sales pitch, then the representations about the quality of the product is not a good cause of action.  

Assuming you could prove your case, how wise is it to spend the time pursuing it?  You would spend 5-20 hours putting your case together and appearing in court (probably 2x-- once to pick a trial date and then for the trial).  Do you have more profitable uses of your time?

And even if you show that the particular product is not necessarily in pursuit of prostitution, the implication you are an escort will be before the judge and may well attract the attention of LE.  Individual, non-agency escorts are generally left alone by LE because they don't draw the public's attention to themselves and LE has bigger fish to fry.  But you go into court, and maybe you appear the same time traffic court cases are heard and some MADD zealot is watching the cases.  A complaint by Jane Q. Public to the County or City prosecutor, whose office will be in or near the courthouse, will put LE on your trail.  

Not. Worth. It.

Register Now!