Legal Question in Consumer Law in California

I ordered an item from Sears. Found out that they were going to charge me a fee to deliver. The advertisement said free shipping. When I questioned they stated that this particular item was too big and was not covered on free shipping. However, if I would have had it shipped to the store it would have been free shipping. However, this store in my town says they could not recieve it because they do not stock this item. Is this false advertising and what recourse do I have. I attempted to cancel the order but they stated that I would still be charged the shipping fee of $116.00.


Asked on 1/09/13, 5:56 pm

1 Answer from Attorneys
Harry Shulman Shulman Law

Do you still have the advertisement? If so, take a close look and see if "big" items are excluded from the free shipping offer. If so, I don't think you have much to work with. If there are no limitations, however, are any of the statements about the item being too big, or that you would still have to pay $116 in writing? If the answer to one of these questions is yes, and the ad doesn't have a limitation, then I think you can make a claim.

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Answered on 1/10/13, 2:20 pm


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