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I was mailed a offer from Ralph's saying I would get a $50…

Customer Question
I was mailed a...

I was mailed a offer from Ralph's saying I would get a $50 credit for leaving CVS and using their pharmacy. So I went through all the hassle switching it over. They filled my prescription and took my credit card to put the credit on. It never went on and they said it would take a couple days. So I pay cash, which I didn't plan on. I went to and called Ralph's several times and no one, no manager knows what to do. Every time I am told they will correct the problem and they never have. The last manager I spoke with was very kurt and insinuated that I had been paid the money. I have not been paid what they promised

Lawyer's Assistant: What state is this in? And when did the issue begin?

My PPO Insurance is not the problem as they won't honor Government plans like Calmed. They have embarrassed me four times now and aggravated me beyond belief. I live in Los Angeles and this has been going on for the last 2 weeks

Lawyer's Assistant: What steps have you taken so far?

I have all the letters and notes and receipts.

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

There is video in the stores pharmacy and all over.

Submitted: 3 months ago.Category: Legal
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Answered in 5 minutes by:
3/31/2018
Lawyer: Legal Eagle, Lawyer replied 3 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 13,305
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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Lawyer: Legal Eagle, Lawyer replied 3 months ago

I'm sorry to hear about your situation. This appears to be a breach of contract based on the failure to perform within a reasonable time if they have not applied the $50 credit when it has been relatively easy to do so. Courts regularly look toward the Uniform Commercial Code as their guide, since many states have adopted this code into their own statutes. Under UCC Section 2-309(1), the law says that each party has a reasonable time to perform if it is not expressly stated in the contract. What is considered “reasonable” is a matter of fact and depends on the circumstances, but it is an argument that you would have to make that it is unreasonable. Regardless, there is a legal basis for your particular claim. 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 all you need to do is click, purchase, and download. Click here to get started. ​What other questions did you have for me today?

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Customer reply replied 3 months ago
What kind of penalty or punitive damages are there.
Lawyer: Legal Eagle, Lawyer replied 3 months ago

Usually, punitive damages aren't awarded in breach of contract disputes, but rather the actual and consequential (reasonably related damages) that resulted.

A court is likely to provide you with the benefit of your bargain, meaning that they would require Ralph's to pay the $50, plus any court costs or attorney's fees.

Did you have any other questions for me today?

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Customer reply replied 3 months ago
Are you kidding?
They are allowed to get away with This?
I'm calling the tv stations to see if they will expose them.
This. Sucks.
Lawyer: Legal Eagle, Lawyer replied 3 months ago

Well, the law wouldn't consider this getting away with it if they are held to their responsibility of paying you the $50. It's just that the law, for everyone, doesn't allow for punitive damages or penalties unless there was serious malfeasance that caused some significant harm to the aggrieved party.

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Lawyer: Legal Eagle, Lawyer replied 3 months ago

So, in this case, a court would probably put you back in the position you were in before the breach by ordering them to pay the $50, but punitive damages are usually out of the question. I wish it were different, but this applies to 99% of situations involving these kinds of disputes.

Did you have other questions for me today?

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