How to Sue Herbalife in Small Claims Court

So you’re looking to sue Herbalife?

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…

Two options to Sue Herbalife:

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 Herbalife 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 Herbalife to Small Claims Court will typically involve appearing in person and completing necessary forms.

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

Taking Herbalife to Small Claims Court Step-by-Step

MAKE SURE YOUR CLAIM QUALIFIES FOR SMALL CLAIMS COURT

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.

The amount of money: Every small claims court sets a maximum dollar amount 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 (in Kentucky and Rhode Island). You can find a list of all 50 states’ monetary limits here.
The type of relief: There are two types of awards that you can seek in a lawsuit: monetary (a dollar value payment) and equitable (a non-monetary request). Most small claims courts can only grant monetary awards.

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 A DEMAND LETTER

Most small claims courts require plaintiffs to ask the defendant to fix the problem voluntarily before filing a claim. If you want to sue Herbalife in small claims court, you first need to send the company a demand letter.

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.

FILL OUT COURT FORMS

To sue Herbalife in small claims court, you’re going to need to fill out some paper work.

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.

FILE YOUR COMPLAINT FORM WITH THE COURT

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.

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 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.

SERVE YOUR FORMS TO HERBALIFE

If you’ve made it this far, great job! Suing Herbalife in small claims can take several months and it requires enduring patience.

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.

SHOW UP FOR YOUR COURT DATE

When the court clerk gives you a court date, make sure to put it on your calendar. You need to know the address of the courthouse, as well as the number of the courtroom. Bring the copies of your filed forms, and any additional evidence that supports your claim against Herbalife. Sometimes, Herbalife does not show up to oppose plaintiffs. If that happens to you, take the extra time in court to present evidence that backs up your lawsuit.

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

How to Sue Herbalife