They want to proceed under a rule in the Federal Rules of Civil Procedure that allows a party to a civil proceeding to obtain relief from a final judgment if it was obtained by fraud, misrepresentation or other misconduct of an adverse party.
Brokers are required to notify the NASD if they have been accused of forgery or theft in the previous 24 months or have received complaints alleging such sales practice violations as fraud, misrepresentation or negligence involving more than $5,000.
"The investigation found no violation of the law in requesting, validating and constructing the 64,000-square foot facility at Camp Leatherneck, nor was there any finding of fraud, misrepresentation, or improper action".
Nothing in these terms and conditions shall exclude the liability of GNM under law fraud, fraudulent misrepresentation, or for death or personal injury resulting from its negligence.
It follows a Bill introduced last year to give the minister discretion to revoke citizenship for fraud or misrepresentation, or where the minister is "satisfied" that a person is not of good character, all without trial or conviction.
If a Canadian citizen is applying at a port of entry and the CBP Officer believes there is fraud or misrepresentation, or that the applicant is an intending immigrant, the applicant can be issued a "Notice to Appear" and placed in expedited removal proceedings.
Alexander Anolik, a travel lawyer and co-author of "Traveler's Rights: Your Legal Guide to Fair Treatment and Full Value (Sphinx Publishing, 2003)," said to sue for misrepresentation, fraud or unfair business practices, all of which are torts and eligible for punitive damages.
That doesn't mean that complaints against online brokers have disappeared, but it suggests that the new claims may fall into more traditional categories such as misrepresentation, fraud or negligence.
