Legal Question in Consumer Law in California

Re: website Free Gift offered to subscriber -promise not kept- what to do?

Bring a lawsuit against the website, probably in India. Then have a lawyer friend in CA try to enforce the judgment.

Re: website Free Gift offered to subscriber -promise not kept- what to do?

from the facts given, you do have a strong argument that the website waived the geographical location requirements when reinstating the offer after finding out your actual country of residence. further, if you are out of costs, that would show detrimental reliance on the offer, making your conditional gift agreement with the website at issue enforceable. however, you definitely have a jurisdictional issue in getting and/or enforcing a judgment against this website. it is highly unlikely that "sister jurisdiction" would readily apply if you were to get a judgment in your native country and want it enforced here in california. further, your claim amount is under small claims court monetary jurisdiction, which means you cannot assign or sell your claim to a third party creditor in california for litigation in small claims court. so, your best economical option may be to try to get a judgment in your native country and somehow try to enforce and collect it here in california with attorney or third party creditor assistance. you may also want to check out the california business and professions code that specifically allows you to recover $1000 or more in liquidated damages per VIOLATION if this website initiated contact with you via an unsolicited email that was misleading or deceptive to begin with, based on what all transpired thereafter under your facts. here, you would be able to ADD these liquidated damage claims per VIOLATION to your actual loss damages and then exceed the small claims court jurisdiction for this $1600 matter. then, the case could be moved to limited or unlimited court jurisdiction (based on what you are claiming), which would allow you to assign or sell your claim to a third party creditor for litigation and/or collection. if you would like further assistance, contact us today.

Re: website Free Gift offered to subscriber -promise not kept- what to do?

Suggested line of action is - issuance of a notice of demand to the company. Upon failure to comply within stipulated period, file a suit. As per IT Act, emails can be adduced as evidence.