Suit needs more plaintiffs to meet federal court’s diversity jurisdiction requirement of over $75,000 in damages.
Did you buy either of Armstrong’s books “It’s Not About the Bike” (2000) or “Every Second Counts” (2003)?
Then join the bandwagon of lawsuits consumers are filing against Armstrong and his publishers for: fraud, false advertising, and other wrongdoing for publishing denials that he never cheated.
The complaint filed in Sacramento federal court, under Diversity Jurisdiction (28 U.S.C. §1332), alleges Armstrong tricked his audience to believe his books were truthful accomplishments done without cheating.
Because the complaint was filed in federal court under 28 U.S.C. §1332, the plaintiff (wronged consumers) must ask in good faith for compensation of no less than $75,000 and one cent. It would not be good faith for one consumer to ask such high damages individually and thus this suit is a class action. A class action filed under §1332 will take all of the plaintiffs individually, add their damages, and the summation must reach over the $75,000 and one cent. But will it?
It is reasonable to ask for damages spent on the book, but no more than that. Maybe $20 per book at the most. Thus, assuming everybody bought one $20 book the court would require 3,751 plaintiffs to reach the $75.01K threshold.
In 2006, James Frey, author of “A Million Little Pieces” settled a class action lawsuit for fraud by offering refunds for the cost of the memoir.
On the other side, in April of 2012 a federal judge in Montana denied a complaint for fraud against author Greg Mortenson of “Three Cups of Tea” as imprecise, flimsy and speculative.
The Armstrong scandal is on a global stage, affected millions, and thus sets it apart. Retribution is coming, just find your receipt!