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Want to sue Big online business for Fraud (false advertisement) what can I do??

Springfield, IL |

bought a tv from dell, online ad said 7 day shipping, online rep said 7 day shipping with an email conformation, was promised that date thats only reason i bought it took 15 business days 21 standard days to get to me they wont take the tv back (never opened) or refund my money what can I do???

Attorney Answers 2

Posted

Although states may word their statutes differently, fraud, in the civil sense,has elements that have to be proven and the elements must all exist at the same time the first arises. There must be an intentional misrepresentation of material fact, known by the representer to be false when published or stated, that intends to induce the receiver of the misrepresentation to act or refrain from acting in reliance on the misrepresentation, that does exactly that and as a result the receiver is damaged.

Put another way, somebody knowingly lies to you to get you to do something. You believe them, do it and get harmed. If so,fraud has happened, you have rights and you may pursue Dell. The burden of proof is on you. Sometimes the sheer economics of a case do not justify hiring a lawyer.

Generally, unless you can clearly establish with credible evidence other than conflicting testimony that you Dell totally realized that the very basis and essence of the transaction depended on timely shipping of the goods, you will not be successful in a breach of contract action and if you can't show that the company set out to harm you then there's no fraud. If you financed the device with one of their agencies, do not be tardy with the first payment.

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Posted

Suing would be frivolous. Your received the TV in 14 business days instead of 7 - I doubt a Court would look kindly upon you wasting its time with such nonsense unless you had a really good reason. The return policy would be governed by the terms of sale. I sugget filing a complaint with the Better Business Bureau.

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