Saturday, May 23, 2009

Be Productions Refund

Try this:

Opinion from a former staffer:

--I've done my research, and the do have a very good remedy via a compliant filed with the Labor Commissioner. I could not recall the number of the bill you worked on, but the code section that was amended is Labor Code Sec. 1701 et seq. That law requires all "advance fee talent services" to post a bond which the Poggenburg can file a claim against. If the agency did not post a bond, they can be subjected to prosecution by the Commissioner, the contract is voidable at the election of the Poggenburgs, which gives them a claim in Small Claims Court, and even an Unfair Trade complaint (B&P Code 17200 et seq.) if they were so inclined. The first step, however, is a compliant filed with the Labor Commissioner.

I have one question. I read the blog and it seems to indicate that the received a refund as a result of a dispute they filed with their credit card agency. Is this true? Perhaps I read it wrong, but, if this is the case, they no longer have a cause of action for damages. They can, however, still file a complaint with the Labor Commissioner. The Labor Code includes several mandatory provisions enforceable by the Commissioner that I suspect were violated. The Commissioner can fine the company and take other punitive steps for these violations.

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