Wednesday, July 01, 2020
A top Rhode Island law firm is still fighting to get their money back over a “vanity” phone number they went to purchase in 2016 — but soon found out did not actually belong to the seller.
According to court documents, Ronald J. Resmini law offices were back in federal court in June suing Florida resident Nicholas Touris over their payment of $35,000 for 401-444-4444, which originally court documents asserted did not belong to Touris — but in fact Rhode Island Hospital. Today, Rhode Island Hospital’s main number is 444-4000.
Resmini has initially sought $350,000 from Touris due to damages.
“We wanted the number, and we ultimately got the number [from the party that owned it],” said Resmini in a phone call with GoLocalProv.com.
“The [defendant] previously agreed to repay us the $35,000,” said Resmini. “This is to collect the payment.”
The defendants have filed a motion to dismiss the latest suit, however.
“We are back before this court, regrettably, because Plaintiffs are seeking relief for a second time after a dismissal with prejudice was entered over 16 months ago on the same claims among the same parties,” wrote attorneys Bob Fine and Andre Digou in representing Touris.
Resmini Law Offices, which serves areas throughout New England — and the United States — touts experience and expertise in litigating “bad faith insurance, bicycle accidents, boating accidents, dangerous products, dog bites,” and more.
In the original Superior Court filing transferred to federal court, Resmini asserted the following:
“Plaintiffs engaged in a contract with Defendants in the State of Rhode Island to buy a business telephone number, specifically (401) 444-4444 from defendants who claimed that it had the exclusive right to sell said telephone number.
Pursuant to the sales agreement and after receiving $35,000 in consideration from plaintiffs, the defendants assigned and transferred said phone number to plaintiffs.
After multiple disruptions in telephone service, it was discovered that defendants did not own exclusive rights or title to said telephone number and in fact Rhode Island Hospital owned the telephone number. Plaintiffs demanded indemnification from defendants and it was denied.
To plaintiffs detriment, plaintiffs were forced to expend a great amount of money to buy said telephone number from the actual owner and also sustained losses due to the telephone interruptions.”
According to the recent court documents filed in U.S. District Court, a summons was delivered to Touris by the Miami-Dade Police Department in May.