Legal Question in Consumer Law in Florida

Pre-ordered autographed cd, website won't honor transaction

Really long and annoying transaction with a website...I'll condense it as best I can.

I pre-ordered an autographed cd 2 weeks before it was released through Paypal, and the payment instantly cleared. The cd was released, and 2 weeks AFTER then I contacted them wondering where my cd was. They ''forgot'' my order: ''the payment you made didn't show up as processed from Paypal in our system, so we did not know to process the order when the shipment came in.''

I was upset (cause they never contacted me about it), and asked for a cash refund; instead, they shipped me a non-autographed cd the next day!

Now they want me to ship it back to get a refund, although Paypal representative said these people are acting strange.

So basically THEY screwed up. I called their company (found phone no. on BBB...lots complaints) and girl I talked to basically blew me off, so I'm talking to manager tomorrow.

I paid for an autographed copy, which they never honored. Now, that same item (autographed cd) is valued at 40-50 dollars (ebay...), and I feel they should either contact the band for another autographed copy or send me the cash equivalent of the value of the item (so I can buy it...).

Do I have a case here?These people are VERY hard to deal with


Asked on 3/05/09, 12:56 am

1 Answer from Attorneys
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Re: Pre-ordered autographed cd, website won't honor transaction

Sure. You have a case, but the question is where can you sue them (where you are or must you go to where they are) and is it worth the time, money and effort to sue over $40 - $50. Probably not.

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Answered on 3/05/09, 8:13 am


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