well, your brother's buddy may very well be correct. FedEx and UPS are both
considered mail carriers for purposes of interstate travel, thus brining it
under the jurisdiction of the federal government. However, because you have
not reached the threshold amount required for an action in diversity
jurisdiction (what your action would be called), you aren't allowed into
federal court (the case would be dismissed to allow you to bring the claim
in state court).
if the transaction were at the level required ($75k, if memory serves), then
you could sue.
also, you may have to sue in his state, because he might not have been found
to sufficiently "avail" himself in your state. contact an attorney if he
doesn't call you back. you might have an action here.
Gabriel A. Couriel
-----Original Message-----
From: owner-dakota-truck@bent.twistedbits.net
[mailto:owner-dakota-truck@bent.twistedbits.net]On Behalf Of
jon@dakota-truck.net
Sent: Friday, April 08, 2005 5:58 PM
To: dakota-truck-moderator@bent.twistedbits.net
Subject: Re: DML: RE: Re: RE: Re: Jules A. Glogovcsan Magnum Performance
"Miller, Jim" <Jim.Miller@mdu.com> wrote:
[...]
: One of my brother's buddies
: thought it was a federal offense because of ordering the stuff on the
phone
: and it being across state lines. I am going to check into that.
I'm not really up to speed on the interstate commerce laws, so I
could be wrong, but I don't think merely ordering over the phone
via another state is enough to invoke the possibility of a federal
offense. IIRC, where that comes into play is if the US Mail system
is involved in any way. Ordering over the phone and having the
parts shipped out via UPS or FedEx might not be enough for the
feds to get involved. (Of course, even if it were a federal issue,
good luck trying to get it resolved; as you noted in your other
post, some gov't agencies aren't exactly interested in helping out
individuals, and those that are have such huge backlogs that they
might get around to your case sometime in the next 25 years.) ;-)
--
-Jon-
.-- Jon Steiger ---- jon@dakota-truck.net or jon@jonsteiger.com --.
| 1970 Barracuda - 1990 Dakota 'vert - 1992 Ram 4x4 - 1996 Dakota |
| 1996 Intruder 1400 - 1996 Kolb FireFly - 2001 Ram QC 3500 CTD |
`------------------------------------ http://www.jonsteiger.com --'
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