Legal Question in Business Law in Arizona

rebate for cellphone bought through e-tailer not returned

I bought a cellphone and I was offer a rebate after 180 days. I mailed my forms for my rebate and now they say that It arrived late and that they dont have to give me the rebate money. I ask if they can send me a copy of the envelop with the postmarked date so that i can verify that it was not submitted within the 180 to 210 days and they refuse to give it to me. I am 100% sure I sent in the rebate form within the alloted time frame. They say that the burden of proof is on me, is that true? How can I provide a postmarked copy of an envelope they have and claim they don't.


Asked on 6/21/06, 9:52 pm

2 Answers from Attorneys
Alexander Sklavos Law Offices of Alexander E. Sklavos, PC

Re: rebate for cellphone bought through e-tailer not returned

unfortunately you are probably out of luck - but you could do a couple of things - You can sue them in lower court - don't know what county you are in, but you can't do it in small claims, both have to be in the county for small claims, and force them in the case to turn over the envelope. Unfortunately this is time consuming and you may find that you need a lawyer. You can next time send from the post office - if you don't want to do certified you can get a receipt even with regular mail.

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Answered on 6/22/06, 7:04 am
James Jenkins Jenkins Law Center PLC

Re: rebate for cellphone bought through e-tailer not returned

You might also consider a complaint with the state corporation commission.

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Answered on 6/22/06, 11:56 am


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