Legal Question in Business Law in New York

false advertising?

saw a post similar to mine, but not sure if same would apply. my issue - bought a product from a website. the money was already pulled out of my account and already received a bill of sale via email. the next day I get a call from the cust. service manager saying the site had incorrect info and still under development, and also a sister site to their main website. the site says free shipping on my item, but I'm told it's not free shipping but a 125 additional. also tells me the items is on back order 5 weeks and directs me to the main website to look at other products similar I may want. if I was already billed, can I request that they honor their mistake? even now, the website information has not been changed surprisingly. would this be a case of false advertisement or just a mistake on their end?


Asked on 2/06/07, 2:08 pm

2 Answers from Attorneys
Bunji Fromartz Fromartz Law Offices

false advertising, bait and switch at leaset

Sounds like classic bait and switch and I think you should tell them that. Even if it was a mistake they should honor their commitments as well as disable the ordering mechanism.

I assume you actually want the product. You can contact their local BBB and Department of Consumer Affairs, find out their ratings and make complaints. You may be better off getting the refund and not dealing with them.

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Answered on 2/08/07, 2:05 pm
Johm Smith tom's

Re: false advertising?

You can just do a charge back on your credit card to get out of this, but contact me if you want to follow up on them and see if they're doing this intentionally. Either way, please do email me the site.

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Answered on 2/06/07, 4:15 pm


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