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Well, if they don't cough up my palm pilots, I WILL sue.
I'm currently taking Best Buy to small claims over the TV deal they had a month or so ago.
Ever hear of Bait and Switch laws? The Federal Trade Commision has quite a few laws against them.
For more info,
http://www.ftc.gov/bcp/conline/pubs/buspubs/dotcom/index.html
Also,
http://www.ftc.gov/bcp/guides/baitads-gd.htm
http://www.ftc.gov/bcp/guides/decptprc.htm
If a business advertises ANYTHING for WHATEVER price and you try and buy it and they say "No way dude", it's a piece of cake to haul them into court and win.
Small claims court = NO LAWYERS for one thing.
Stand up for your rights. >>
Well having practiced law for over 30 years now, I can state that you are full of sh@t! :Q
First, the FTC is a government monitoring agency and cannot create or enforce any laws. Since the FTC is a governing and not a law enforcement agency, their only reaction to any complaint with them is to collect data concerning a complaint and the pass that data to the proper law enforcement agency (usually the State Attornet General's Office) who may or may not investigate the complaint. The FTC The statement - "The Federal Trade Commision has quite a few laws against them." is simply pure ignorance.
Second, you cannot sue a individual or corporation in small calims court for intangible losses. This includes any violation of an inferred (ie not signed by both parties) contractual agreement which is what you are claiming. Small claims complaints must inolve a dispute over a exchange of a specific monetary value or voilation of a local ordinance. You cannot claim compensatory damages in small claims court. However, the small claims court judge can issue a judgement that requires the defendant to pay more than the plantiff is requesting due to extraordinary circumstances, but this is extremely rare. Complaints of violations of Federal laws cannot be filed in small claims. You must file in civil court for cases involving intangible assets or Federal court for violations concerning violations of Fereral Law such as civil rights.
Examples of valid small claims cases are -
- I
paid my local auto repair shop to fix my car and they did not perform the
billed repairs or the repairs were substandard
- I
paid my local contractor to paint my house and they did not use the correct paint that we agreed to in our
written contract
- My neighbor refuses to cut down a dead tree in his year that is endangering my residence.
- My neighbor refuses to clean up their yard and leaves uncollected trash all over his property.
- My neighbor allows his dog to constantly use my yard as a toilet and as a result my lawn service is charging me an equipment cleanup fee and my neighbor refuses to compensate me
Examples of invalid small claims cases are -
- I agreed to let my local auto repair shop to fix my car and they did not perform the requested repairs so I refused to pay them and now they have impounded my car.
- I hired my local contractor to paint my house and they did not finish the job as per our verbal contract so I did not pay them
- My neighbor plays his stereo all night and I cannot get any sleep so I lost my job. (BTW - Recent actual case!)
- I made a special trip to a local retail store to purchase an advertised item and they did not have it in stock and refused to issue me a raincheck
- I ordered an item from a local store and they cancelled my order due reason disclosed in their sales policies or terms of service
- My local retailer's sales policies or terms of service are in violation with State or Federal law and i want to force them to comply with these laws.