16. A woman gets a phone call from a man representing himse…
Questions
16. A wоmаn gets а phоne cаll frоm a man representing himself to be a disabled veteran, asking for funding for the charitable group, “Veterans Welfare United,” that contributes funds to disabled veterans from the Iraq and Afghanistan wars. He tells her that the group is an established and respected national organization that has helped thousands of veterans. He tells her that 80% of the funds collected go directly to disabled veterans. She agrees to sign up to donate through automatic payments of $500 per month from her checking account. After one year, the woman discovers that the group is only 20 months old and that it only provides 40% of its funds directly to disabled veterans, helping no more than a few dozen people since it started operating. She sues the group for misrepresentation, and includes the above facts in the complaint. The group files a motion to dismiss, arguing that the complaint fails to allege the elements of misrepresentation and the case should be dismissed as a matter of law. Will the court likely dismiss the action for failing to state a legal claim?