How to Sue Advantage in Small Claims Court

So you’re looking to sue Advantage?

At FairShake we’ve helped thousands of people ripped off by big companies like Advantage. And we’ve helped get millions of dollars in settlement offers…

[continued below]

Share your Advantage complaint

Get Started Now

Tired of hitting dead ends when trying to get a refund from Advantage? Feeling like there’s nowhere to turn?

You’re not alone. It seems like many people have tried all the Advantage customer service options, but still feel unheard.

There are different ways to file a complaint against Advantage, but none have the same power and leverage as taking legal action.

So, if you’re thinking of suing Advantage, 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 Advantage to push legal claims into the private realm of consumer arbitration, away from conventional courts.

But here’s the thing: your Advantage contract doesn’t have the power to take away your right to pursue legal action by suing them.

Here’s what you can do…

Two options to Sue Advantage:

Consumer Arbitration: This involves accessing an official and independent dispute resolution process that is not a court. It provides an opportunity to seek compensation for your complaint without the need to appear in person. For many, this can be a preferable option.To find out if you can take Advantage to arbitration, you can check your contract or user agreement with them. Many companies’ standard contract are available on their websites. You can do a search for “arbitration” arbitration within the contract text — it is usually mentioned near the very top of a contract.
Learn more about the consumer arbitration process here.
Small Claims Court: If you prefer to avoid the arbitration system, you can opt for Small Claims Court. You should know that the procedures for Small Claims Court may vary depending on your jurisdiction.Taking Advantage to Small Claims Court will typically involve appearing in person and completing necessary forms.

If you’re ready to sue Advantage in Small Claims Court, read on below:

Taking Advantage to Small Claims Court Step-by-Step

Make sure you qualify to sue sue Advantage in small claims court.

Ready to sue Advantage in small claims court? Small claims courts are only for certain types of claims, so your first step is to make sure your claim can be filed. There are two things you need to pay attention to:

The type of compensation: While most courts let you ask for equitable (anything but money) or monetary (a dollar amount) compensation, when you sue Advantage in small claims court you can usually only ask for monetary. This leads to the second thing…
The amount of money: Every small claims court sets a maximum dollar size for the claim you can bring. In most states, it’s either $5000 or $10,000, but it can be as low as $2,500. You can find a list of all 50 states’ monetary limits here.

If your claim doesn’t fall within the limits of your state’s small claims court, you’ll have to arbitrate your claim instead.

Send your demand letter to Advantage.

Most small claims courts require that you ask the person you’re suing (the “defendant”) to fix your problem voluntarily before you file your claim. So if you want to sue Advantage in small claims court, you need to send them a demand letter first.

Your demand letter can be simple and straightforward. You don’t need to impress anyone with your diction. Just tell Advantage who you are (your name, address, phone number and account number), what the problem is, and what you want from them. The whole letter can be a few sentences just make sure you don’t skip this step.

When you’re done writing, you need to mail a hard copy of the letter to Advantage. It is best to mail it as certified mail or some other service that allows you to confirm delivery in case you need to prove it was received by the company. According to our most recent research, Advantage is legally based in Delaware and receives mail at this address::

ADVANTAGE OPCO, LLC
C/O THE CORPORATION TRUST COMPANY
CORPORATION TRUST CENTER 1209 ORANGE ST
WILMINGTON, DE 19801

If you would like examples of demand letters or more information about how to write them, you can find an excellent guide here.

Fill out court forms for your claim against Advantage.

In order to sue Advantage in small claims court, you’re going to need to fill out some forms based on where you live.

Each state has a set of forms that need to be filled out to file a claim, and sometimes counties will provide additional forms. Find your state court website where the right forms will be available for free. Look that up here.

Make sure you fill out enough forms – most states require 3 or 4 copies. If you don’t have the right number, they will not accept your claim to sue Advantage.

File your paperwork with the court.

When you’re done filling out the court forms, it’s time to give those forms to the court with a legal process called “filing”.

Many courts will require you to physically come to the courthouse during specific hours and days to hand-deliver the forms to the court’s clerk. Other courts may allow you to file by mail, fax or (for a few courts) online.

All courts will require you to pay a small claims court filing fee to sue Advantage in small claims.

When you file your forms, the court clerk will provide you with a stamped copy of the forms and a court date. Hang on to that for the next step…

“Serve” Advantage.

You’ve come far, but trying to sue Advantage in small claims is a long and tough process.

At this point you need to make sure Advantage is aware they are being sued in a legal process called “serving”. To do this, you need to deliver a copy of your filed papers to Advantage.

Look at your court’s website here for instructions on how to properly deliver your forms to Advantage, or search for “[your state] small claims service of process”. Courts have many strange rules about how to serve a defendant, and your claim will be dropped if you do not follow them perfectly. So be careful!

Show up for your hearing against Advantage.

Your court clerk will have given you a court date (after you file your forms), make sure to put it on your calendar.

Make sure you know which courthouse to go to. Bring your copy of your filed forms, and any other evidence that backs up your case so you can prove to the judge why you decided to sue Advantage and why you deserve compensation.

Sometimes, Advantage will not show up to oppose you but in any case, make sure you focus on your side of the story. The judge will render a decision that is binding regardless of whether Advantage shows up.

Ready to sue Advantage in small claims court?
If this sounds too hard and expensive, try consumer arbitration instead…

How to Sue Advantage