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I paid limited edition pen and received receipt confirmation

Customer Question
I paid for a limited...
I paid for a limited edition pen and received receipt confirmation for my order and payment.
Short time after I got an email saying that the item was already sold.
If there anything I can do. They don't have another such pen.
Submitted: 1 year ago.Category: Legal
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Answered in 2 minutes by:
4/6/2016
Lawyer: CalAttorney2, Attorney replied 1 year ago
CalAttorney2
CalAttorney2, Attorney
Category: Legal
Satisfied Customers: 10,244
Experience: Civil litigation attorney for individuals and businesses.
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Dear Customer,I am sorry to learn of this situation.While you cannot force them to create something that does not exist, they are required to compensate you for the breach of contract. So if the value of the pen is greater than the purchase price, you are entitled to that higher value. (Whatever the reasonable market or appraised price for the limited edition pen is, or your purchase price - whichever is greater).There is a series of escalating things you can do to deal with this situation.*First: start with the company's customer service and dispute the claim. Keep your complaint in writing. If you speak to someone by phone, follow up promptly with a "confirmation letter" (see my note below).*Second: (you can do this at the same time), if you paid by credit card (not debit card) you can open a dispute with your credit card carrier (follow the instructions with your credit card company). (Some banks do allow for charge disputes on your debit card - but not all, the laws are not the same and debit card purchases do not have the same protections, if you paid by debit card, contact your bank and see if they do have dispute resolution remedies).*Third: open a dispute with the BBB. The BBB offers consumer dispute resolution that is fast, free to consumers, and is usually effective, they have no enforcement authority, but all BBB disputes result in a public report regarding resolution so businesses do respond to them. You can open a BBB dispute here: bbb.org/consumer-complaints/file-a-complaint/get-started*Fourth: if you believe that the company is acting fraudulently (not just charging high rates), you can report them to the state Attorney General. The AG's office does not prosecute individual claims (so they will not get your money back for you), but they will investigate and potentially take administrative and/or criminal action against the company. *Finally: you can file a small claims action against them for breach of contract. Small claims actions take approximately 3-8 months to go to trial. There is no guarantee of success in these disputes, but filing a small claims action does open an opportunity to negotiate a resolution (in addition to the above opportunities and can lead to mediation - many courts offer mediation programs for their small claims docket).Confirmation letters: Keep written records of all communications - so if you speak to someone by phone, promptly send a follow up "confirmation letter" summarizing your conversation, who you spoke to, when, and any agreements you reached. Keep copies of your outgoing correspondence, as well as anything that you receive.I wish you the best of luck with this dispute, and hopefully a speedy resolution.
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CalAttorney2
CalAttorney2, Attorney
Category: Legal
Satisfied Customers: 10,244
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Experience: Civil litigation attorney for individuals and businesses.

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