Legal Question in Civil Litigation in Texas

Problem with Manufacturer Rebate

I bought a disk drive for my computer in October 1997 from a national computer retail chain (xxxxxxx). The advertised price was $149.99. The manufacturer offered a $100.00 mail-in rebate (2/3 off the purchase price!!).

I mailed the rebate slip to the manufacturer, following all the instructions. According to the printed rebate information I was to receive my rebate within 6-8 weeks (appr. early to middle December 1997).

It's now Jan 21, 1998 - 12 weeks!!! after I sent in my rebate and I still have not received my rebate. I have called the manufacturer several times and have been promised repeatedly that my rebate is in the mail.

I am sick of getting jerked around! What are my legal rights and remedies? How can I find out if others are being ripped off by this company? If so, what class actions can be taken?


Asked on 1/21/98, 3:46 pm

1 Answer from Attorneys

Robert E. Drescher Law Offices of Robert E. Drescher

Bad Disk Drive Deal

Your case poses an interesting problem. It is too small to justify hiring an attorney,yet it could be much larger as a class action. In order to justify a classaction, you must be able to find at least 50 other people who are in the same positionas you are. This can be VERY EXPENSIVE and may actuallyimpossible. I would suggest that you write a letter to the companyand advise them that if they do not send you a check within 30 (your choice) daysthat you will seek legal remedies. Send the letter registered, return reciept.If they do not respondtake them to small claims court.

GOOD LUCK!============================================================If applicable to this message: "This transmission does not create an attorney-client relationship. I will not be representing anyone without a written agreement signed by all parties. Answers to questions are for general information only and should not be construed as legal advice in any particular jurisdiction. If you need legal advice for a specific legal problem seek the services of a knowledgable attorney in your area or locale."=============================================================

Read more
Answered on 1/28/98, 10:03 am


Related Questions & Answers

More General Civil Litigation questions and answers in Texas