Now Comes Plaintiff

If you felt cheated by Greg Mortenson's revelation that his blockbuster memoir, Three Cups of Tea, was partly fiction, you can do more than grumble about the lack of honesty.

You can join Deborah Netter in a lawsuit.

Ms. Netter feels duped. She never would have bought the book if she'd known that the author exaggerated certain elements of his tale. Not unlike James Frey's literary debacle, the Mortenson memoirs should have been marketed as fiction, rather than non-fiction. Therefore, Mr. Mortenson is liable, as is his publisher, Penguin Group.

In essence, the lawsuit claims that Mortenson profited from fraud, and that's illegal in Illinois where Ms. Netter filed her suit. All readers who wasted their time, and book buyers who wasted their money, can be a party to the class action suit.

Chances are, Penguin Group will claim that Mr. Mortenson defrauded them as well, and they aren't to blame. The author can claim that it's a memoir, and memoirs are always based on recollections that are often faulty.

A judge in the U.S. Northern District court will decide if the plaintiffs should be given some financial compensation for their loss. How much might that be? A full refund of the purchase price if you present your receipt? What about the cost of the reader's time?

It's unlikely that the judge would also block further sales of the book, especially since it's become common knowledge that there is a Mt. Everest-sized pile of discrepancies within the pages. Penguin might be required to paste a disclaimer on the cover of the book to warn consumers, but to expect Penguin to take all profits from the book and put them into a trust fund to compensate the plaintiffs sounds like a stretch.

Who wins out in a case like this?

The attorneys, of course. If Ms. Netter et al. win the suit, Mortenson and Penguin will be required to cover legal expenses. If there's anything left, you might get a refund, but who keeps receipts for five or six years?