FTC Policy on Advertisement Deception!

[XZeroII]

Link
Read this to find out your rights when you try to get a hot deal and they won't give it to you for whatever reason. Bring in a printout to show them that whatever was advertised is what needs to be honored! There's a lot that I learned from this and won't be taken anymore!

 

[hamburglar]

nice, but can you give me a summary. hehe its too long.

 

[TheCoop]

nice but I dont think my lawyer will want to go with me each time to explain what it all means including all 58 notes attached to it.

 

[bunker]

This doesn't cover pricing mistakes, it covers deceptive acts and practices. Allthough there can be a grey area between being deceptive and making a pricing mistake, I don't think this will cut the mustard.

 

[CASRA888]

Yes, it does and yes, it did.
Best buy had a 61 inch projection tv on the web site for 675 smackers. Tried to buy it, price jumps to 1700.
Went to the store, heard a lot of nonsense about "Price mistake" "Web mistake" "Best buy.com is a different company" etc etc etc.
So, filed in small claims for a lousy 30 bucks. Got in front of the judge and asked for the 1000 dollar difference plus expenses. Judge said it's a clear case of contract law. A contract is very simple. An offer to sell and an agreement to buy. Done deal.
Best buy tried the same crap and the judge told them to save thier breath.
Got my 1000 bucks in tha mail a few weeks later.
There is no such thing as a price mistake under the law.
You advertise it, you gotta sell it or pay up for breaking a contract.
BTW, so far, it's worked 3 for 3. Couple buddys did the same, we've all gotten our money.
Small claims is a very easy process. No lawyers are allowed. PERIOD!
You go in, have your say and the judge decides what happens.
Piece of cake.

 

[ir0nw0lf]

Small claims is a very easy process. No lawyers are allowed. PERIOD!

You 100% sure about that? This issue was brought up and beaten to death and beyond with another BB price FUBAR earlier this year and someone posted a huge list that did show that in some states, a lawyer is allowed to be present--not sure if that meant he/she can actually do anything though.

 

[CASRA888]

Well, I can't say as I have all the data on all 50 states. But, here in Michigan. No lawyers! WOO HOO!
City of Novi court was a dream come true!
Besides, I'd like to see a lawyer argue past something as clear cut as this is.
Best bet is to check
www.nolo.com
for small claims court info for your area.
Even if a lawyer is allowed and can work there, you get a lot of leeway as the judge KNOWS you're not a lawyer and will really help you out. You're not EXPECTED to know much. Just what happened. The judge can figure the rest out for himself.
When the idiot best buy manager started his drool, obviously scripted by a corporate attorney, the judge listened and then told him to basically not even try it.
Small claims is about justice more so then the letter of the law.
You advertise something, who's fault is that? Maybe you had a print shop do your flyers for you and they screwed up the price. Well, your still liable. You don't like it, you can sue the printer for goofing it up.
In no way, shape, or form is it the consumers problem.
So, these websites show a price but won't honor it, SUE!
They only way to get them to be honest is holding their feet to the fire.

 

[GetReal]

Originally posted by: CASRA888
Well, I can't say as I have all the data on all 50 states. But, here in Michigan. No lawyers! WOO HOO!
City of Novi court was a dream come true!
Besides, I'd like to see a lawyer argue past something as clear cut as this is.
Best bet is to check
www.nolo.com
for small claims court info for your area.
Even if a lawyer is allowed and can work there, you get a lot of leeway as the judge KNOWS you're not a lawyer and will really help you out. You're not EXPECTED to know much. Just what happened. The judge can figure the rest out for himself.
When the idiot best buy manager started his drool, obviously scripted by a corporate attorney, the judge listened and then told him to basically not even try it.
Small claims is about justice more so then the letter of the law.
You advertise something, who's fault is that? Maybe you had a print shop do your flyers for you and they screwed up the price. Well, your still liable. You don't like it, you can sue the printer for goofing it up.
In no way, shape, or form is it the consumers problem.
So, these websites show a price but won't honor it, SUE!
They only way to get them to be honest is holding their feet to the fire.

LOL the closest you have ever been to small claims court is Judge Judy.:Q

Nothing you have posted is correct other than a lawyer is not allow to argue your case in small claims. However, you can have a lawyer can be present during any court proceeding including small claim and this applies in all 50 states.

1. No corp. the size of Best Buy will respond to a small claims suit. By law corps are not required to "defend" frivolous suits such as you have claimed to have filed. This type of suit would go before a local judicial review board who would dismiss the case based on the grounds you have stated. At best, you would get a letter telling you to re-file in the correct jurisdiction. Don?t believe it just ask those clowns who tried to sue Best Buy over the GF4 fiasco last year. All they got for the time and expenses was a slap on the wrist and an education in the real world. Federal laws protect parties from having to spend resources defending such crap. In the real word, such a frivolous suit would be followed up by a letter from the corp.?s attorney stating their pricing policies and they would request that the plaintiff file a civil suit in the corp?s state of registration as is required under Federal Law for such cases. This type of case would be dismissed by the small court system without prejudice.

2. Despite popular belief, you cannot subpoena defendants to appear before a small claims court like you can for other civil, Federal or criminal courts. Most jurisdictions will send a letter to the defendant letting them know a small claims suit has been filed against them, but there is no legal enforcement of such requests

3. It is the sole responsibility of the plaintiff to get the defendant to appear in small claims court. Some jurisdictions will impose small civil fines for parties that do not appear, but these a usually a joke and they are never levied against corps. No judge in a small claims court will issue a de-facto ruling if the defendant does not appear before the court. Your case will simply get postponed and you will have to re-file and once again pay the fees.

4. Small claims count can only hear cases involving tangible losses. Contract law cases of the type that you are implying must be filed via a civil suit in your local civil circuit or Federal court system

5. Even in the event that you win a judgment in small claims, it is only binding in that local jurisdiction and even then the court has little power to enforce a judgment especially a monetary settlement. Your only recourse it to turn to a local collection agency and hope they can collect.

6 Most of all, no court, including Federal courts, can force a retailer to sell you anything even if they are blatantly guilty. They can impose fines or revoke business licenses, but this is rarely the case even in the most At best, if you are proven right, the company might be fined by the local licensing authority or in more widespread cases, the FTC may step in and impose a fine but these are rare and usually a joke. The laws in Mi are no different that those in other states. In fact they are considered to be extremely pro-business relative to other states such as Mass that have strict consumer laws. However, even in Mass the time out suit you described would be laughed out of court.

7. Bottom line, an advertisement printed or otherwise is NOT a legal contract and you have no legal rights to force a company to sell you something at an advertises price. Unless you can prove a sustained pattern your chances of even being herd let alone winning a judgment are slim and none.

BTW ? Thanks for the laughs we always enjoy reading these posts?