Bait-and-Switch?

[directforsale]

What is the name of your state? FLORIDA

Dear members,

If you go to a real-world, offline store, find a great deal, purchase the product at the cash register, get your credit card swiped, sign the receipt, and are then told the item was mispriced, could they force a refund upon you? No, because that would be illegal. It even has a name: "Bait-and-Switch" tactic. (Or am I wrong?)

WHY SHOULD IT BE ANY DIFFERENT AT AN ONLINE STORE?

Well, DirectForSale.com charged me for 2 products, forced a refund upon me 4 days later WITHOUT asking me, admitted to "mispricing" their product, yet took no accountability for their mistake and left me 2 wedding presents short.

I am planning on taking legal action, especially considering that I have been forced to deal directly with the company's lawyer. I have set up a website to let everyone know about my situation and was wondering if someone could give me legal advice as to whether I truly have a case or not. You can find all the details and evidence at www.directnotforsale.com.

I sincerely appreciate any and all help.

Kind regards,
A.K.

 

[dallas702]

Their defense would be that it was a "mistake". That stands in courts all over the country. Advertised prices are not gold.

 

[directforsale]

Doesn't a product become my property the second I am charged for it?

I guess that's the real question here. Fair enough, they made a mistake with their advertising...but they still charged me for the product and kept my money for 4 days. Doesn't a product become my property the second I am charged for it? If so, then they have no right to keep it and force a refund upon me.

Where does the law stand on this?

 

[racer72]

You have made a couple of errors in your assumptions. First, bait and switch is not what happened to you. Bait and switch happens when a business advertises something at a low price but never had the product to sell. They then attempt to sell you an equivilent item at a higher price. And a sale would we consider complete and binding when you have possession of the merchandise beyond control of the seller. This would be after leaving the business property if bought in person or when the item arrives at your home if bought by mail or the internet. Up until that time, the seller has the legal right to correct any pricing discrepancies. You also have the right to cancel the sale at the same time. Nothing in your post or website suggests the retailer did anything illegal.

 

[directforsale]

Thank you.

Dear racer72,

Thank you for your reply.

Your post seems to contradict what the Federal Trade Commission wrote me (please see there response at the bottom of my site). Or am I wrong?

One point you did not address: Shouldn't I have been compensated for the opportunity cost of being charged for 4 days for nothing?

Thanks again and kind regards,
A.K.

 

[racer72]

The response from the FTC looks like a typical canned form letter, it does not specifically address your complaint.

Shouldn't I have been compensated for the opportunity cost of being charged for 4 days for nothing?

Not if you were made whole again, ie; you recieved a full refund.