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Can I threaten a company to sue for false advertising?

Plano, TX |

I purchased a tablet device that promised a certain amount of storage capacity. About 3 months later i realized that it provides only half the storage capacity because the rest is utilized for the OS and the inbuilt apps and other stuff. I was never informed of this 50% difference in space. I have had to buy more storage and look like a right nitwit in front of a few people for choosing this device. I had chosen this device because it was cheaper and i had to compromise on only a few specifications against another more popular device. I am enraged and want to threaten to sue them to make them compensate me in cash or in kind for more than what I paid them. DO i stand a chance?

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Attorney answers 4


Not to seem glib, but I seriously doubt it. If you feel very strongly about it, you might consult with someone who specializes in these types of consumer cases and see if they feel otherwise - but I wouldn't hold my breath.

Nothing in this answer is intended to be construed as legal advice. In order to obtain legal advice on any topic, you will need to consult with an attorney on a private, in-person basis to discuss the specific facts and circumstances surrounding your issue. Neither this answer nor its particular contents are intend to create an attorney-client relationship between you and William B. Short, Jr. or between you and Coats | Rose, PC.


No. I do not think you stand a chance of recovering anything, let alone more than what you paid them. You seem to agree the device actually had the storage capacity claimed but misunderstood that to mean free storage space. I am confident you are wrong in saying you weren't informed. On the contrary, my guess is that you do not understand the customary manner of stating storage capacity. That is not their fault, it's your fault. My suggestion is that you should sell the unit you bought on eBay and buy a replacement with the storage capacity you want. The cost difference should be insignificant and what you would have paid in difference to get what you should have ordered in the first place. The unit you bought was cheaper than one with twice the storage because of the very problems you faced.

I am not your lawyer and you are not my client. Free advice here is without recourse and any reliance thereupon is at your sole risk. This is done without compensation as a free public service. I am licensed in IL, MO, TX and I am a Reg. Pat. Atty. so advice in any other jurisdiction is strictly general advice and should be confirmed with an attorney licensed in that jurisdiction.


Q: "DO i stand a chance?"
R: That depends on what exactly the tablet device manufacturer promised in its advertisement. There is no doubt that some, indeed many, advertisements convey misleading if not outright untrue information about the product. Assuming the advertisement and other marketing material that persuaded you to purchase the product was misleading, the issue is whether it makes any economic sense for you to respond in some way. The cost of hiring an attorney would be far greater than any benefit you could get in return. And if you, by yourself, "threaten" a false advertisement suit you will not be taken seriously. Because everyone knows that's a bluff. Your only recourse is to persuade an attorney, through a persuasive demonstration of facts, to represent you in a class action suit against the device manufacturer. The burden is on you to make that demonstration. Good luck.

The above is general information ONLY and is not legal advice, does not form an attorney-client relationship, and should NOT be relied upon to take or refrain from taking any action. I am not your attorney. You should seek the advice of competent counsel before taking any action related to your inquiry.


No, you probably don't. The company rightly informed you of the storage capacity of the internal memory; the fact that pre-loaded programs and the operating system occupy a portion of that space does not change the physical characteristics of the flash drive. Moreover, this would be equally true of any device that you purchased - iPads, Android tablets, and Windows Surface all use a portion of their internal memory for apps and operating system features.

No information you obtain from this answer is legal advice, nor is it intended to be. You should consult an attorney for individualized advice regarding your situation. No attorney-client relationship is formed by my responding to your question.

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