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Go Back   Law Forums at Onlypunjab.com > CONSUMER & GENERAL PRACTICE LAW > Online Sale & Purchase

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  #1  
Old 03-20-2007, 08:10 PM
javathehutt javathehutt is offline
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Join Date: Mar 2007
Posts: 2
Default Bait & Switch/False Advertisement

False Advertisement/FTC Act Infringement

*a _.com showed laptop for sale in a "bundle" with three other products (the others "free" after rebate).
*Had to order bundle over phone because it was an "Outlet" item.
*Because this was an amazing deal, I ordered the bundle, subsequently confirming with sales rep that all items were included.
*Rep said that the bundled items were not included in the order, and that he would need to run the transaction again to include them.
*Before he ran second transaction, I asked again if everything was included, and if there was anything else I needed to do on my end. He said "Yes, everything is included in the order."
*Never received bundled items, only laptop.
*Told them I never received other items. They said no such promotion existed.
*I printed (and still have) the web page with promotion details
*I also have evidence of credit card statement with two identical charges

Is this not an infringement of the FTC Act regarding false advertisements?
If this promotion was mistakenly included on the website for this item, shouldn't the sales rep have told me so at the time of the order instead of misleading me to think that I was getting a "bundle" when I was not?
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  #2  
Old 03-21-2007, 02:51 AM
advisor advisor is offline
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Join Date: Apr 2006
Posts: 371
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Ofcourse this seems like a clear case of false advertising and false information. You must talk to their purchase dept. and see what they say. If not co-operating, complain against them in the consumer department.
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  #3  
Old 03-21-2007, 03:05 AM
javathehutt javathehutt is offline
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Join Date: Mar 2007
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I have contacted their (Circuit City) Legal department, today, but they said they would have someone from the "Executive Response" team call me. The executive response team, earlier today, was apparently telling the lower level (escalations) to not transfer me to them "because the executive response team has already examined this issue and made a decision"--though without ever speaking to me about it and coming to terms with the fact that I have hard evidence that they were, in fact, offering that promotion. We'll see if "Executive Response" actually calls me or not...

If they do not call me, what should I do? Should I take any legal action? File a complaint with the FTC? If they do call me, what demands can I/should I make? because too much time has passed trying to deal with this, the rebates for the items are no longer valid. Should I ask that they just give me the items? Is it possible to ask for any other recompense for the incredible amount of time I've had to invest in dealing with this ridiculous issue (around 12 hrs)?
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  #4  
Old 03-21-2007, 07:14 AM
lawstudent lawstudent is offline
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Join Date: Apr 2006
Posts: 239
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If they call you, just tell them all what has happened to you from the start. Ask them to give you the offered items or refund your money back. If doesn't agree with you, you are free to complain.
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