Legal Question in Business Law in California

Illegal Rebates ?

We purchased a sattelite dish and 2 receivers for $489 in equipment anticipating the $298 rebate advertised. We paid $100 for installation. After the first bill was paid we received our re of $298. A 1 year service committment was required. After 6 months my company moved my job (and my family) over 500 miles away. We lived temporarily in an apartment that did not allow sattelite. Although we explained the situation to the service provider they have now sent our account to collections to recoup the rebate amount. Can they legally collect back the rebate? What laws should I research to fight this action?


Asked on 1/20/00, 1:29 am

1 Answer from Attorneys

Joshua Genser Joshua G. Genser, Attorney at Law

Re: Illegal Rebates ?

Whether the satellite company may recover its rebate depends on the language of the contract between you and the company, and the laws of the state in which you made the purchase. However, this is a case in which the satellite company is being short-sighted, since you would have become a subscriber, again, had they just waited until you relocated permanently. While the account has been sent to a collection agency, you won't get anywhere by talking to them. You might try ignoring the collection agency, but you should make sure to notify any credit reporting agencies to which they have reported your account as delinquent that you are disputing that item. Later, the company will either give up or sue you. If they sue you, then you can probably have an intelligent conversation with the lawyer or a representative of the company who will understand your position and who can make a deal with you. Alternatively, paying the rebate amount will save you a lot of trouble, although it would be galling to do so.

Read more
Answered on 1/24/00, 2:44 pm


Related Questions & Answers

More Business Law questions and answers in California