Clayton Trial Lawyers PLLC: Two Florida Companies Sue Chines

|Jul 9|magazine8 min read

FORT LAUDERDALE, Fla., July 9, 2020 /PRNewswire/ -- Two South Florida companies, Roth Southeast Lighting, LLC ("Roth") and LED Lighting Center, LLC sued Every Industry LLC in Fort Lauderdale, Broward County, Florida Circuit Court claiming that the defendant used a "bait and switch" tactic to rip off plaintiff Roth for over $200,000. The Chinese supplier was represented by a person who calls himself "James Bond."

The lawsuit states that the "case is about Defendant's shady practices in selling—the highly sought after KN95 face masks to the Florida marketplace during the COVID crisis.  Defendant used a 'bait and switch' tactic to rip off the Plaintiffs and take its money, and then the Defendant sold the masks to a separate higher bidder."

Plaintiff Roth in the past sold such KN95 face masks to a university.

Defendant claimed in a purchase order that it had "in stock" 138,000 face masks. However, once a wire transfer for $207,000 was made to the defendant, the defendant immediately claimed that the masks, which had already been paid for, were not in stock.  After learning this, Plaintiffs wrote the defendant, "This is why American buyers are very leery of China suppliers."  "I do not think you fully understand the circumstances that are created when false information is disseminated to our (American) buyers."

To add insult to injury, the lawsuit alleges that after the CDC removed the brand of KN95 masks that were purchased from an approved list the defendant shipped nonconforming masks to Roth in Fort Lauderdale– masks that were never purchased in the first place.

The lawsuit quoted the top infectious disease expert in U.S., Anthony Fauci, MD, who has stated numerous times during the COVID-19 pandemic that "wearing a mask is society's responsibility not just to protect an individual but the whole population." Thus, "everybody should wear a mask when in out in public."  The action contends that the Defendant's unfair and deceptive practices took place at a time when they were needed most, when "they may have saved countless lives in the State of Florida."

Plaintiffs sued defendant for violations of Florida's Deceptive and Unfair Trade Practices Act, breach of good faith and fair dealing, breach of UCC's express warranty provisions and breach of contract.  Plaintiffs seek damages in excess of $345,000.  Plaintiffs demanded a jury trial and reserved the right to seek punitive damages from the defendant.

After the lawsuit was filed, the defendant's L.A. based representative made a written request for a telephone call between the plaintiffs and "James Bond." 

Plaintiffs are represented by William R Clayton and Miguel Aristizabal of Clayton Trial Lawyers PLLC.

The defendant allegedly had the masks in stock at its Rancho Dominguez, California location.  Every Industry LLC advertises itself on the internet as being an "explosion proof product specialist" including the sale of electronics, SmartCom phones and various types of face masks including the KN95 masks of the type that were required to have been timely shipped to the Plaintiffs. The defendant lists a Rancho Dominguez address for general inquiry.

William R. Clayton

Board Certified Civil Trial Lawyer, Florida & Nevada
Board Certified Business Litigation Lawyer, Florida
Board Certified, National Board of Trial Advocacy

CTL Lawyers| 401 E Las Olas | Fort Lauderdale FL | Suite 130-725
T +1 954 712 2300

[email protected] | www.ctllawyers.com | View Biography

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SOURCE Clayton Trial Lawyers PLLC