Need Help on Promotion Laws
#1
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Need Help on Promotion Laws
Hello.
I am currently engaged in a small court battle with a major retailer over their refusal to honor a promotion that I participated in.
I would very much appreciate any help in regards to where I can find laws that protect the consumer in these cases.
Thanks
I am currently engaged in a small court battle with a major retailer over their refusal to honor a promotion that I participated in.
I would very much appreciate any help in regards to where I can find laws that protect the consumer in these cases.
Thanks
#2
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DISCLAIMER: I'm not a lawyer and I don't play one on TV.
1) Write to your State Attorney General's office with a complaint.
2) You didn't give us much to go on (i.e. your description of the problem was very terse).
3) The Uniform Commercial Code would probably cover this. A promotion would usually be considered a unilateral contract. One person makes an offer to anyone, and all the other party has to do is meet the requirements, and then you have a contract.
For instance, if McDonalds offers a free soda with every hamburger, all you have to do is buy the hamburger, and they are required to give you a soda for free.
Here are the important parts:
1) Was an offer made?
2) Was there acceptance on your part (did you buy the hamburger)?
3) Was there performance on their part (did they provide you with the soda)?
Now, if the store was selling a product that offered a rebate by the manufacturer, it is the manufacturer that is offering the contract, not the store, and the store cannot be held responsible.
If you didn't live up to your end, then they have no obligation on their part. For instance, if you bought a Filet of Fish instead of the required hamburger, they have every right to refuse you a soda; you did not perform their requirement.
1) Write to your State Attorney General's office with a complaint.
2) You didn't give us much to go on (i.e. your description of the problem was very terse).
3) The Uniform Commercial Code would probably cover this. A promotion would usually be considered a unilateral contract. One person makes an offer to anyone, and all the other party has to do is meet the requirements, and then you have a contract.
For instance, if McDonalds offers a free soda with every hamburger, all you have to do is buy the hamburger, and they are required to give you a soda for free.
Here are the important parts:
1) Was an offer made?
2) Was there acceptance on your part (did you buy the hamburger)?
3) Was there performance on their part (did they provide you with the soda)?
Now, if the store was selling a product that offered a rebate by the manufacturer, it is the manufacturer that is offering the contract, not the store, and the store cannot be held responsible.
If you didn't live up to your end, then they have no obligation on their part. For instance, if you bought a Filet of Fish instead of the required hamburger, they have every right to refuse you a soda; you did not perform their requirement.
#3
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Thanks for the info. Found this great resource for Illinois residents:
http://www.illinoislegalaid.org/Trai....html#statutes
http://www.illinoislegalaid.org/Trai....html#statutes