Moscow, 24 January - RAPSI. A class action lawsuit filed against Lance Armstrong Tuesday demands damages from the disgraced cyclist for having duped readers of his autobiography according to USA Today, which published a copy of the complaint.
The plaintiffs spearheading the complaint are public affairs consultant Rob Stutzman and professional chef Jonathan Wheeler. The two Californians are suing “on behalf of themselves and all others similarly situated.”
Both men feel wronged by the deceptions they took as truth when reading Armstrong’s book It’s Not About the Bike: My Journey Back to Life. Wheeler further takes issue with the follow-up book, Every Second Counts.
According to the complaint, “Although Stutzman does not buy or read many books, he found Armstrong’s book incredibly compelling and recommended the book to several friends.”
The plaintiffs moved forward with the complaint after Armstrong admitted to his indiscretions to leading television host Oprah Winfrey earlier this month.
The complaint asserts claims arising under ten causes of action, including fraud and deceit, negligent misrepresentation, violations of the False Advertising Law, violations of the Unfair Competition Law, and Violations of the Consumers Legal Remedies Act.
Background
The world was shocked when the US Anti-Doping Agency (USADA) initially announced its decision last August to strip Armstrong of all competitive results achieved since August 1998, including seven Tour de France victories.
Shortly after the USADA sanctions were made public, the global cycling authority International Cycling Union (UCI) pointed out that: “Article 8.3 of the World Anti-Doping Code (WADC) states that where no hearing occurs the Anti-Doping Organisation with results management responsibility shall submit to the parties concerned (Mr Armstrong, WADA and UCI) a reasoned decision explaining the action taken.”
In late September, more than a month later, the UCI broke the silence it had previously maintained for purposes of publicly chiding the USADA on account of its failure to produce the anticipated decision in a timely fashion. UCI President Pat McQuaid charged, “The UCI had no reason to assume that a full case file did not exist but USADA’s continued failure to produce the decision is now a cause for concern… It is over a month since USADA sanctioned Lance Armstrong. We thought that USADA were better prepared before initiating these proceedings.” Noting the USADA’s excuse that it was still gathering evidence against Armstrong at the time, the UCI pondered, “It is at very least unusual that USADA would still be gathering evidence against a person after it has found that person guilty.”
The USADA finally delivered its reasoned response earlier this month in the form of a scathing 200+ page indictment painting Armstrong as something of a monster. The report, replete with allegations of drug trafficking, lies, threats, witness intimidation, and Swiss bank accounts, centers primarily on the allegation that Armstrong’s lust for victory could only be satiated by the creation of an illicit drug ring in the form of a pro-cycling team.
The UCI formally recognized the decision less than two weeks later, refusing however to re-allocate Armstrong’s title. A great many Tour riders from throughout the period in question have been implicated in doping cases.
Armstrong finally issued a public apology this January when he admitted to American ultra-celebrity talk show host Oprah Winfrey that he had taken performance-enhancing drugs during his cycling career. This admission brought an end to years of denial.
He admitted to having used EPO, cortisone, blood transfusions, and other banned performance enhancement methods, blaming his "ruthless desire, win at all costs."
