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My wife went the skin studio for cool sculpting which they…

Customer Question
My wife went the...

My wife went the skin studio for cool sculpting which they showed us pictures and said that was how she would look in 12 weeks when we went back and there was no change we got this story that she needed a second treatment which was never talked about and they also said there was only a20percent reduction the first time nothing on there web site are there window ad are the papers we signed said anything about 20 percent are a secoud treatment as there was no way I could afford a second round and they new that from the start

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

Texas

Lawyer's Assistant: Has anything been filed or reported?

I have reported them to people claim and bbb

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No she just says that we new about the second treatment which is a total lie

Submitted: 7 months ago.Category: Legal
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Answered in 1 minute by:
11/29/2017
Lawyer: Legal Eagle, Lawyer replied 7 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 13,438
Experience: Licensed to practice before state and federal court
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Customer reply replied 7 months ago
this is no answer
Lawyer: Legal Eagle, Lawyer replied 7 months ago

Hi, I'm a slow typer, bear with me while I review your question in full and respond...

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Lawyer: Legal Eagle, Lawyer replied 7 months ago

Thanks so much for your patience. This appears to be a case of fraudulent misrepresentation if they knew that it would require more than one cool sculpting session, but failed to tell you to induce you to purchase another one. Basically, fraudulent misrepresentation is when someone intentionally makes material statement or makes a material omission that induces someone else to enter into an agreement. The other party can also be held liable for negligent misrepresentation if they state a fact that induces the other party to enter into an agreement without having reasonably checked on the accuracy of their statements. A fraudulent or negligent misrepresentation can lead to the rescindment of a contract in addition to a payment of damages to the other party who was misled. Keep in mind that this is different than what is known as “puffing” in sales terms which generally allows salespeople to give their opinion on a product or service. For example, it’s not against the law to say, “I believe that this product is the absolute best on the market.” The only exception would be if they made misrepresentations to the safety of a product. I don't believe that this is the case here.

This also appears to be a classic breach of contract in part because they failed to do what they promised to do. A breach of contract just simply means that one party was obligated to perform and they have either have not performed or have said that they will not perform. Typically, the aggrieved party is entitled to be returned to the same position they were in before the breach. There’s a site that I’ve used in the past where you can find a good template for advising of a breach of contract. It's a bit easier (and cheaper) than going through litigation and I have seen it be effective in the past. If this doesn’t work, sadly, the only other option is to either go through an informal mediation or file a lawsuit in your local court. This website is also pretty cool because they have some state-specific breach of contract forms that you can use as well. Click here to choose your state and get started.

What other questions did you have for me today?

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Customer reply replied 7 months ago
no I will find a local attorney I can get a answer from this place is a rip off it said I would get a answer diddnot happen
Lawyer: Legal Eagle, Lawyer replied 7 months ago

Hi, I know it's a bit confusing. I actually just posted my answer. I can only assume that you received an automatic phone call request. Those come from the system, not from me personally. Did you get a chance to see the answer to your question?

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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