What legal actions can I take against this shady electronics company?

I purchased a very large and very expensive flat screen TV. I shopped around and went with the lowest price. The seller seem to be kind of a bait switch dishonest company who does seem to have the ability to provide the TV if they wanted to however only if they up-sell you the more expensive non-commercial mode. You will end up having to send thousand of dollars more to get the TV that you were advertised and paid for originally. It’s the typical email asking you to call in to confirm your order and the upselling starts because you got the commercial model which has less color processors or whatever tech babble they were making up. For the record, I called the manufacturer and there is no commercial version of that TV.

Asked on October 23, 2018 under Business Law, Florida


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

If you paid money for a TV and did not get what you agreed to buy and paid for, you could sue the company for your money back based on either or both of "breach of contract" (not honoring the agreement) and/or fraud (lying about what they could or would do; deceiving you). If they are not local (located in same county), you would typically not be able to sue in small claims court but would have to sue in "regular" county court, which will increase the cost and complexity of suing.
If you did not give them any money, there is no point in suing: having suffered no loss, you are not entitled to any compensation. You could report false advertising yo yhe FTC if you want to.

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