Is there action we can take against a company that promises a gift with purchase, but doesnt deliver gift?

In June we bought an LG phone from Verizon, with the promise that LG will send us a 200 gift card. We still have not received the gift card and it is well over the 10-12 week processing period. When I look at the website for the status of my gift card claim, it just says processing, it hasn’t changed in weeks. I know this sounds trivial, but we are on a tight budget and bought this phone because of the promotion, otherwise we would have gotten a less expensive model. Is there any action we can take? We are tired of being ripped off by empty promises.

Asked on October 9, 2017 under Business Law, Alaska


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

If the promise of the gift card was part of the agreement between you and them in regards to purchasing the phone, you could sue them for "breach of contract" to get the card. Unfortunately, suing is the only way to get the card, and if the company is not local (your county) you will not be able to sue in small claims court but will have to sue in regular county court, where the costs of the lawsuit (filing fee; cost to "serve," or legally deliver, "process," or the court papers, on them) will equal or exceed the $200, even if you act as your own attorney ("pro se") and don't have lawyer costs. Some of those costs (filing fee) you can recover in the lawsuit if you win, but other costs (service) you have to bear yourself. If they are not local, it is very unlikely to be worthwhile suing; but unfortunately, suing is the only way to make them pay.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.