GOLDEN, Colo. — A judge on Friday threw out nearly four dozen lawsuits filed by a Jefferson County online electronic repair business against some of its customers.
Acme Revival, which has filed at least 85 cases in Colorado courts against both businesses and individuals, claims that some of its customers abandoned their devices, resulting in thousands of dollars in storage fees and unpaid diagnostics charges. Last year, the company began filing lawsuits against those customers, most of whom do not live in Colorado.
On Friday, Jefferson County Judge Keith Goman dismissed 47 cases against out-of-state defendants, saying the court did not have jurisdiction in these cases.
Acme Revival’s attorney, Anthony Garcia, argued that the court should have jurisdiction due to the customers agreeing to the terms of service, but Goman, in the end, disagreed.
“I don’t find that a reasonable person would understand that by sending their device and clicking, ‘Send me a repair quote,’ that that person is consenting to be sued in the state of Colorado in a later dispute,” Goman said during the hearing.
The judge also said that the $25-per-day storage fee that customers begin racking up beyond a 15-day grace period is “unconscionable,” noting that the fees would exceed the value of many electronic devices within a matter of days.
Denver7 Investigates
'Customers pay': Colorado repair shop sues dozens of online customers
Garcia told Denver7 Investigates his client will likely appeal in district court.
“Obviously, Acme Revival is disappointed by the judge’s ruling today,” Garcia said. “I do think that the issues that were ruled upon were not considerate of contract law that is plain and obvious. But we’ll have to take this upon appeal and see what the district court can do for us.”
Customers who reached out to Denver7 Investigates about Acme Revival said they initially had no idea they were going to be required to pay storage fees. Customers such as David Leary, who sent in a projector, and Glenn Weber, who sent in a pair of binoculars, asked the company to dispose of their items.
Leary is countersuing Acme Revival in New Jersey, with his attorney stating in the suit, "The entire scheme is designed to leave unwitting consumers with the impression that they have no choice but to pay what amounts to an illegal ransom."
Attorney Clay Harris, who represented four of the customers at the Friday hearing, thanked the judge and his initial client for bringing this forward.
“I’m extremely happy,” Harris said. “I couldn’t be more grateful to the judge for helping these people and, I believe, making the right decision today.”
Acme Revival still has several defamation cases against clients. Those were not addressed during Friday’s hearing.
A suit against St. Mary’s Medical Center in Grand Junction will have a future hearing, as it did not fall under the jurisdiction decision since the hospital is located in Colorado.
