Question for our resident esquires: I purchased a Stereo Receiver over the Internet. It was supposed to be new, I have found out that it isn't, but the purchase was 1.5 years ago. The company I purchased from tried to say that they make it clear that they are a 'broker', but they didn't and I don't even believe that's relevant anyway. Is there a prescribed recourse under law? Is this type of sales fraud criminal? Is it State-specific law, or Federal since I purchased over State lines?
You might call Tom Martino, "the troubleshooter" (1-3pm on 740 KTRH, or troubleshooter.com.) My guess is, for fraud, you'd have to show some kind of harm. Since you either a) didn't notice for 1.5 years or b) didn't care until now, my you would have difficulty proving harm, and are probably out of luck.
i've never dealt with an internet transaction...but i'm assuming that if they will sell products to people in texas through the internet that they are subject to texas law. they shipped it to you here, thus, they're subject to the Texas Deceptive Trade Practices Act. i think i'd look in to suing them in small claims court...keep in mind, under the DTPA you can recover your attorneys fees and court costs...but if you go to small claims court, you shouldn't have attorneys fees. you do have to send them a demand letter, first, though. they need to have it for 30 days before you file suit. look up deceptive trade practices act on the internet...actually, the professor who taught me consumer law has a website..his name is Dick Alderman...do a search for him and see if his site comes up...i think it has useful information. the DTPA is in the business and commerce code...sec 17
I remember that guy, didn't he have a beard or something and a local TV show and was called the people's lawyer or the consumer's lawyer or something. I don't think I ever attended any of his classes, but he was always there around the law center.
Under normal contract law you can only be made whole. In other words, you can only recover what you lost. However, if you sue using DTPA, you can get up to 3 x damages. That's why DTPA is so powerful.
depends on how willing a court is to say you accepted those terms over the internet before you purchased...it would be one thing if they physically handed you a purchase order or something that said, "if there is a dispute between us it will be handled through arbitration." quite another to have you agree to it over the internet...but i must say, i'm not sure where the courts are on this one...internet transactions aren't something i have any experience in at all. you know, you might go see a lawyer!
Arbitration is a method of dispute resolution. In lieu of arbitration, you can have mediation (non-binding) or a lawsuit. If you are able to sue, then you can claim DTPA.
I called Onkyo to get the repair approved. They had all the info and were quite happy to provide it to me.
I'm a little foggy still on whether I'm able to sue or not, but thanks to all for your help. (I probably won't bother since Onkyo has agreed to repair it anyway)
