Looking to sue Herbalife? Small claims court is an option, and you may have others…
At FairShake we’ve helped thousands of people ripped off by big companies like Herbalife. And we’ve helped get millions of dollars in settlement offers…
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Tired of hitting dead ends when trying to get a refund from Herbalife? Feeling like there’s nowhere to turn?
You’re not alone. It seems like many people have tried all the Herbalife customer service options, but still feel unheard.
There are different ways to file a complaint against Herbalife, but none have the same power and leverage as taking legal action.
So, if you’re thinking of suing Herbalife, where do you even start? You might expect there to be tons of class action lawsuits against them, but it’s often more complicated than that.
What many people don’t know is that hidden clauses buried deep within their contracts frequently allow companies like Herbalife to push legal claims into the private realm of consumer arbitration, away from conventional courts.
But here’s the thing: your Herbalife contract doesn’t have the power to take away your right to pursue legal action by suing them.
Here’s what you can do…
Learn more about the consumer arbitration process here.
If you’re ready to sue Herbalife in Small Claims Court, read on below:
Small claims courts are only for certain types of claims, which means the first step is to make sure your claim qualifies for this type of litigation. Focus on two important features of a small claims court hearing.
If your claim doesn’t fall within the limits of your state’s small claims court, you’ll have to arbitrate your claim instead.
Your demand letter can be simple and straightforward-tell Herbalife who you are (your name, address, phone number and account number), what the problem is, and what you want from the company. The whole letter can be a few sentences-remember that you are just checking a box before you file your actual claim.
When you’re done writing, you need to mail a hard copy of the letter, preferably as certified mail or some other service that allows you to confirm delivery, to their legal address. According to our most recent research, Herbalife is legally based in Nevada and receives mail at this address:
Herbalife International of America, Inc.
C/O CORPORATION SERVICE COMPANY
112 NORTH CURRY STREET
Carson City, NV, 89703
If you would like examples of demand letters or more information about how to write them, you can find an excellent guide here.
Each state has a set of forms that need to be filled out to file a claim, and sometimes counties will provide additional forms. The correct forms for your location will be available for free on your state court’s website.
Make sure you fill out enough forms-most states that require you to file forms by mail or in-person will ask for 3 or 4 copies. If you don’t have the right number, they will not accept your claim.
When you’re done filling out the court forms, it’s time to give those forms to the court. This process, called “filing” can be a bit tricky.
All courts will require you to pay a filing fee before they allow your to sue Herbalife in small claims. This fee, which will be published on your court’s website, can sometimes be waved if you are a low income plaintiff.
When you file your forms, the court clerk will provide you with a stamped copy of the forms and a court date. Keep it safe and bring it with you on the day of your hearing.
Now that you filed the papers required to start a case against Herbalife, the time has come to inform the company about the lawsuit. This is a called “serving” Herbalife. To do this, you need to deliver a copy of the filed papers to Herbalife.
Look at your court’s website for instructions on how to properly deliver your forms to Herbalife, or search for “[your state] small claims service of process”. Courts adopt a stringent list of guidelines for serving defendants. Make sure you follow every guideline to avoid having your case thrown out by the court clerk.
Ready to sue Herbalife in small claims court?
If this sounds too hard and expensive, try consumer arbitration instead…