Legal Question in Consumer Law in California
Bait and switch with credit and 0% financing
I am seeking info on sueing a large firm that promised if product paid in 6 mo 0% financing would apply. When paid final payment it was applied wrong and interest started accumulating. I was Promised repair several times and promised it would not affect credit. Now trw and equifax affected, cannot get simple credit and pay higher interest rates for what i was offfered. Have anxiety and sleepless nights over these mistakes and have written as well as telephone contact with company for over one year without help. Have written to consumer affairs as well as other government agencies to report the problem, now am completely frustrated and want justice. Seeking ten million dollars from this suit. Can you help or give advice.
1 Answer from Attorneys
Re: Bait and switch with credit and 0% financing
You could sue the "large firm" on a number of theories, and based upon violations of state and federal consumer laws. Assuming you live in California, and depending on the price of the product, the actual out-of-pocket damages you have suffered, and what type of product you purchased, all of the theories would be based either in contract or on federal or state statute (depending upon where the firm does business, and how and where the transaction was conducted).
Ordinarily your damages will not include any compensation for emotional injuries (i.e., "anxiety and sleepless nights"). Because your damages would likely be limited to purely economic (and probably statutory) damages, your $10 million demand seems unrealistic.
You should probably seek the advice of an attorney who handels consumer matters in your area, with whom you can discuss your situation in greater detail. After an attorney has the opportunity to discuss this matter in detail with you, and review all of the documents you might have relating to this transaction, the attorney would be able to advise you fully on your rights, and what you might be able to expect from a lawsuit of this type.
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