- 398 Posts
Anyone else get hasseled over the $444.99 price last night?
I purchased the TB last night at 3am EST and got it for $444.99 with no contract. Order went through without issue until this morning when I woke up to an email stating my order was on hold and I needed to call.
When I called they said the price was $599 and not $444.99 that I purchased it for and that I was not eligible for an upgrade yet. I told him I didn't purchase an upgrade but purchased full retail that was advertised on their site. He checked with a supervisor who said the phone was $599 and I had to agree to that before my order could proceed.
Anyone else have the same issue?
- 03-17-2011, 03:35 PM #2
- 03-17-2011, 03:38 PM #3
- 03-17-2011, 03:39 PM #4
- 03-17-2011, 03:41 PM #5
- 03-17-2011, 03:43 PM #6
- 03-17-2011, 03:49 PM #7
- 03-17-2011, 03:59 PM #8
- 03-17-2011, 04:01 PM #9
- 03-17-2011, 04:06 PM #10
I work in CS and tech support. They do not have to sell it to you for the advertised price. They can just say it was a misprint or typo, then tell you the only way you can get the phone is if you pay the higher amount. This does happen. They cannot auth your card for the higher amount, though, unless you give the okay.
- 03-17-2011, 04:17 PM #11
nearly every state in the country has a law that prohibits this very act
and it makes matters even worse for verizon because he processed the order online and it went through, effectively entering into a contract to have them sell him the phone for 449.99
..they no longer have a choice, they are OBLIGATED to sell it at that price
- 03-17-2011, 04:33 PM #12
Can you please quote/cite this law you are referring to? Thanks. Most every website has a disclaimer on their site for this. It's usually listed in the "Terms of Business", or "Our Policies" or something of similar nature. Ours is:
We have made every effort to ensure that information in our catalog and on our web site is correct; however, any typographical or printing errors, Prices or Specifications (subject to change) will be corrected without prior notice.
- 03-17-2011, 04:36 PM #13
It's just basic contract law, we all learned it in our first year of law school
they entered into an agreement to sell the device for 449.99 since he completely processed the order online
...if you go on the motorola xoom forum on this site the same thing happened with that device.. they put it on their website for $200 cheaper and they had to honor it...
besides the fact that they are legally obligated, it makes sense from a PR standpoint to honor the price..
i'll try to dig up the exact law for you
- 03-17-2011, 04:46 PM #14
- 03-17-2011, 04:49 PM #15
- 03-17-2011, 04:53 PM #16
- 03-17-2011, 04:57 PM #17
No, I'm not a lawyer but yes, I did go to law school (I think Abe Lincoln was there) and I did get a law degree but I have never practiced law. Loved the study of law and its logic but found that I really didn't like most people who were in school and never wanted to have to be in the same business as them.
- 03-17-2011, 04:57 PM #18
- 03-17-2011, 05:06 PM #19
but ever hear that cliche saying "its not what you know, its what you can prove"
any freshman lawyer can twist it to make it look like they intentionally did it to bait customers into a sale
its not worth the $150, no law suit, especially one that could turn class action will ever be worth $150, $1,500, or even $15,000
- 03-17-2011, 05:08 PM #20
It was an obvious mistake, not some super evil plot from vzw, they announced the price earlier in the day.
If you can cite a specific law/court case applying to this situation then you have room to stand.
Amazon had the same mistake with PS3s priced low. No one get them cheap and Amazon didn't get sued. If companies had to honor pricing errors all the time people would just go into stores, place a "free" sticker on things and claim they were required to sell at that price.
Last edited by Forgetful; 03-17-2011 at 05:14 PM.
- 03-17-2011, 05:13 PM #21
a clause/company policy cannot supersede law
i'll try to find specific caselaw , if one even exists, i doubt an issue as specific as you want has been raised in court before
but IMO, if verizon lets it go to court they are stupid, and they will lose
you made a mistake, then you own up to it, its the nature of doing business
- 03-17-2011, 05:14 PM #22
- 1,077 Posts
This is correct. There is no law that requires them to honor a misprinted price on a consumer electronic ordered online. Some states have laws around purchases you make in certain stores (such as grocery stores). But by and large, unless this is a pervasive, widespread problem, companies are allowed to cancel or stop promotions at any time for any reason. They are not legally obligated to sell you anything and you are not forced to purchase from them.
Should VZW have honored? Yes. Should you have pushed hard? Yes. But is it the law? Not unless it's widespread.
- 03-17-2011, 06:42 PM #23
- 03-17-2011, 07:00 PM #24
Without getting to technical here, since the order was placed online (not with a person) I believe Verizon's lawyers would argue that the price listed on website was an advertisement and NOT a unilateral contract. the sale would only become a contract when and actual Verizon employee accepts the terms you agreed to by completing the order online thus become binding. Until then any contract you agreed to in principal would be voidable at Verizon's request.
Haven't any of you guys walked into a BestBuy (or any other retail store) only to see a sign posted on the door with a correction for the current weeks flyer explaining there was a pricing error? Sale flyers are usually not considered binding contract but opportunity for negotiation.
Most "Bait and Switch" laws are targeted to advertising an item at a lower price only to not have it in stock and attempting to then sell you a higher priced item
Now this is not legal advice and just my opinion, I happen to be a law student and NOT a lawyer. Also most of my knowledge of the law is for the state of New Hampshire so your states' law may differ.
Last edited by j7469; 03-17-2011 at 07:16 PM. Reason: Added link to a website.
- 03-17-2011, 08:08 PM #25
Did you get a receipt of purchase for the phone in an email or delivered via a webpage? If so, I believe that constitutes contract acceptance under UCC. It would be nice if someone with access to case law could do a quick search.
BTW, I ordered an Xbox 360 Arcade from Amazon (couple of years ago) during their $100 promotion in which they sold too many units before the website closed off the sale. They tried to back out and sent an apology, however, I had screenshots of the order confirmation and receipt in email. I pushed UCC at them while asking for a legal address to file a complaint, and they gave me a $100 gift card to make up the difference. Ill try and dig up the email to see the specific law I had quoted (been a while).
Last edited by zonyl; 03-17-2011 at 08:17 PM.