Consumer Protection Law
Consumer Protection Law Questions? Ask a Lawyer Now.
Hello and welcome.
My name is XXXXX XXXXX my goal is to provide you with excellent service today. I am sorry to hear of your difficult situation. Before I can give you an accurate answer to your question, please provide the following additional information:
Do you have evidence that the company misrepresented the product to you? How much did you pay for the booth?
I look forward to assisting you as soon as I have received this information. Thank you.
I just sent a reply, not sure if it went through
We paid $8344.00
-The invoice does not have a description of the photobooth
-the sales rep told me over the phone that it would fit in an SUV, I told him we have an element and, he said it would be no problem
- he also stated that it was very easy to transport and and it could be done by 2 people.
-once we recieved the booth (2days ago) my husband and I disassembled it the way their tech service man explained over the phone and between the 2 of us we could barely get the heaviest piece 5 inches off the ground, let alone lift it into an suv
- i called them the next business day (May 7) the sales rep gave me no assistance except to say that i needed to speak with a manager and he would call me back. I called 2 hours later they told me he left for the day and would call me the next day. I called today (the next day) and they told me he would call in the afternoon. I called at 1pm they said he would call later in the afternoon. No call ever came. They are giving no assistance and only the run around. I am getting incredibly concerned :(
-They have sold me something that does not function the way it was verbally expressed to me and now they are avoiding my phone calls.
I see. Thank you very much for the additional information, Linda. I certainly understand your concern after being assured that it would fit in an SUV and placed there by only 2 people.This does appear to involve a case of fraud in the inducement. The problem will be proving it, but you may not have to prove it if the company is concerned about protecting their reputation. A complaint with the BBB could provide them with the incentive they need to appropriately respond to your concerns and resolve the matter.If that process is not successful for any reason, then you may need to either retain an attorney to communicate a demand or legal action will be taken, or actually take legal action yourself in small claims court.If a court judges your testimony to be credible, you could prevail even though the statements made to you were false.The problem with suing in small claims court is that you would normally have to file in MD where the company is located and the courts typically have a low maximum for which you can sue--$6,000. You could call the court where the defendant is located to see whether their limit is higher. If it is not, then it would likely be more cost-effective to retain a MD attorney to assist in resolving the matter.I would typically begin with the BBB process though as many disputes are resolved through that entity.
I hope this helps clarify the situation for you. Please remember to rate my service once you have all the information you need. If you have any other questions, please ask me – I’ll be happy to respond. Thank you!