Legal Question in Consumer Law in California

Is it legal? I purchased an item online and sent payment. Then, hours later, I received an email from the company stating that their advertised online price was incorrect and that they made a mistake. They asked me to pay the "new" advertised price, which was more than twice the amount of the original advertised price or cancel my order.

Am I obligated to pay the higher price, even though I already paid for the item before they realized their online advertising mistake? It was their mistake, why should I pay?

Thanks.


Asked on 5/04/11, 10:15 pm

2 Answers from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Tell them you want your money back and don't do business with them again. If they won't refund your money, dispute the charge with your credit card issuer.

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Answered on 5/04/11, 10:20 pm

If they already accepted and processed your payment, they are legally obligated to provide the product at that price. Unfortunately, with an online retailer your chances of being able to track them down and enforce that right without spending far more than the price difference is near zero. So look at it this way, if the correct price was what was on the site would you have bought it? If so, pay the difference. If not, take your money back and just think of it as if you had seen the correct price all along. At least you get the satisfaction of knowing they got charged a percentage of the transaction by their credit card processor for no sale. Trying to collect the product or the difference would be a big waste of time and money, even though you are technically legally right.

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Answered on 5/04/11, 10:26 pm


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