Legal Question in Consumer Law in New York

Discount oil group delivers oil, tthen charges higher prices than promised

For the past few yrs, we have contracted with a consumer group for discount heating oil. On my latest delivery, the heating oil company charged us over 13% more than the average for LI according to our NEWSDAY, the big LI paper. I contacted the heating company and asked about it. The man I spoke with said that was was published in the paper was only an average, and some people pd more and some less. True, I agreed, but if the Fuel Consumers Group was supposed to offer prices less than retail-I should be paying than the average, not more. He refused to lower my bill even a penny. I wanted lower price, not higher price oil. I checked web sites for other discount groups and had we bought from them, we would have been paying about 20% less. Do I have any recourse? As the internet blurb for Fuel Consumers Group says below retail price, can I simply send in a chek for the average price for fuel in this area as reported in the paper? I tried to negotiate this, but the salesman said he would sic his lawyers on me. What recourse do I have? There was no formal contract, but I do have the cancelled check from Fuel Consumers Group as well as all data.


Asked on 3/22/08, 11:12 am

1 Answer from Attorneys
Andrew M. Doktofsky Andrew M. Doktofsky, P.C.

Re: Discount oil group delivers oil, tthen charges higher prices than promised

If the company advertised that it sells below retail or that you would pay less than average, and you relied on these representations, you may have a claim under the New York deceptive business practices statute. Contact my office if you wish to discuss further.

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Answered on 3/22/08, 9:56 pm


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