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View Full Version : False advertising ?


eddiecom
Mar 13, 2011, 02:21 PM
Hi there... can I sue ? I bought 2 items of a big company and the item they were Advertising on there site was a cd player with a usb port on it... so I travelled 2 hours to buy these items and when I arrived back home I noticed there were no usb ports on the cd player at all... I rang them and told them and they told me to come back to the store and they will refund me.. but I told them that was no good to me because id have to travel another 2 hours to bring them back and I will be out of pocket for travel cost.. they shouldn't be Advertising them on the there site if they don't state exact information about them items.. im furious about this... can I sue them for false Advertising?

Fr_Chuck
Mar 13, 2011, 02:28 PM
No you have no base for a law suit what so ever

1. you had a chance to hold and see the item before you bought it

2. they offered to take it back if you would bring it in.

3. you chose not to take it back because of the distant.

** but it was close enough to go buy it, but too far to get your refund

JudyKayTee
Mar 13, 2011, 02:28 PM
Why is this posted under banking? And (as always) FrChuck is right.

excon
Mar 13, 2011, 02:59 PM
Hello e:

I don't know where you are, but I think UPS handles packages EVERYWHERE.

excon

eddiecom
Mar 13, 2011, 03:16 PM
Its too far to travel again to bring it back.. on the there website it tell you everything about the item.. but they false Advertis about the usb port so people would buy it... it cost me money on a lot of money petrol to collect it now they want me to bring it back to cost me more money on petrol..

excon
Mar 13, 2011, 03:22 PM
Hello again, e:

Ain't nobody saying the store didn't SCREW you. It's just a matter of the cheapest way to recover your money. You'll NEVER win a lawsuit over false advertising, because they can just say it was a mistake.. In fact, I think that is exactly what they ARE saying... They're NOT refusing to refund your money. That, plus the fact that you'll have to travel to court, maybe even several times, makes suing them quite impractical.

To me, it just seems easier to send the damn thing back and not shop there again. You can POST stuff about them. That'll probably do 'em more damage than suing them.

excon

eddiecom
Mar 13, 2011, 03:26 PM
Yes I could do that.. but they cost me money now.. im going to make them pay for my loss of money...

excon
Mar 13, 2011, 03:30 PM
Hello again, e:

Small claims court isn't generally about the money. It's about the principle. If you're willing to throw good money after bad, I understand. I wouldn't DO it, but I understand.

excon

eddiecom
Mar 13, 2011, 03:35 PM
Are u from ireland ? That's where I'm from.. its might be different in the usa.. but its against the law to do it in ireland

excon
Mar 13, 2011, 03:47 PM
Hello again, e:

It's against the law to advertise FALSELY here too. I'm sure your courts aren't any different either, in that you're going to have to PROVE the add was false because the store wanted to SCREW you, instead of it just being a mistake.

I think you'll fail in that endeavor. But, small claims courts are cheap, and you might win.

excon

JudyKayTee
Mar 13, 2011, 03:53 PM
You are also going to have to overcome - if you take this to Court - the fact that you did not inspect the product before you purchased it. That is not going to make you totally responsible but in the US it COULD make them less guilty. Advertising "mistakes" happen all the time - and that's undoubtedly what the store will argue.

But go ahead, sue, and let us know. Hopefully we're wrong.

eddiecom
Mar 13, 2011, 03:59 PM
Yes but every Detail is on the website page for that item.. when they say it has a usb port the item should have one.. its false advertising when it says it has a usb port and when u open the sealed box there is not usb port

JudyKayTee
Mar 13, 2011, 04:38 PM
Please - you asked for legal advice because you don't have the answers. Now you're arguing with every piece of advice. You GOT good legal advice. I realize that the advertisement (and apparently the box) are incorrect. If the box is incorrect (as you appear to be saying), write the manufacturer.

Otherwise all of the previous advice is good. YOU as the buyer have some responsibility for at least looking at what you are buying. How much this will play into this - I don't know.

ScottGem
Mar 13, 2011, 05:21 PM
First, I moved this from the Banking forum. Your question has nothing to do with banking.

Second, False advertising is illegal everywhere, but PROVING false advertising is extremely difficult. Maybe it was simply a mistake and you got the wrong model. I don't think you have a prayer of proving false advertising.

How did you pay for it, by the way? If you used a charge card, you can protest to your carrier and maybe get a refund, but you will have to send the item back.

Fr_Chuck
Mar 13, 2011, 05:26 PM
Next so sue, you will have to sue in the court in the city where the store was located, ( that is where you bought it)
And will have to travel there to file, then travel back at least once, but maybe 2 or 3 times for court. Then you will win your money back, Which is what the offered anyway.

False advertising would be criminal ( and the DA will not be doing anything about it) esp if the store offered you the money back.

You are not listening, have some idea that sue is the way to solve this. What you do is put your rear in the car, drive over to the store and get your money back.