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  1. #1

    Default Novel Legal Cause of Actions for Consumer Rebate Fraud or Malfeasance Extreme Delay

    My question involves a consumer law issue in the State of Washington

    I bought a very expensive consumer product from a manufacturer on condition of the $150 mail in rebate June 2019. I am in an endless cycle of checking back with them and they reassuring me they are working on it. Is there any novel legal theories that I could sue them with rather that just forcing them to perform under the contract - IE paying me the rebate offer ? thank you !

  2. #2

    Default Re: Novel Legal Cause of Actions for Consumer Rebate Fraud or Malfeasance Extreme Del

    No.

    Assuming you complied with the requirements to submit the rebate, you're entitled to receive it, presumably within a reasonable time.

    You could, I guess, file a suit against them if they don't send it to you within a reasonable time (assuming you did comply with the applicable requirements to receive it), but your recovery is likely to be limited to the amount of the rebate to which you are entitled. Plus you'll likely spend more in time and money pursuing the claim than you'd receive as a judgment in your favor.

  3. #3
    Join Date
    Jul 2018
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    1,970

    Default Re: Novel Legal Cause of Actions for Consumer Rebate Fraud or Malfeasance Extreme Del

    Quote Quoting Biggy
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    I bought a very expensive consumer product from a manufacturer on condition of the $150 mail in rebate June 2019.
    Please elaborate as to exactly what you meant when you wrote that you bought the product "on condition of" the rebate.


    Quote Quoting Biggy
    View Post
    Is there any novel legal theories that I could sue them with rather that just forcing them to perform under the contract - IE paying me the rebate offer ?
    I don't understand this question at all. You cannot legally "force" someone to do something involuntarily without suing, so the "rather than" language doesn't make much sense. Nor is it clear why you would want a "novel legal theory" when simple legal theories already exist. If you think you're due a rebate, just sue in small claims court. Small claims court is generally quick and simple and costs only a nominal filing fee and the cost of serving the papers on the defendant, which you'd be entitled to recover if you win.

  4. #4

    Default Re: Novel Legal Cause of Actions for Consumer Rebate Fraud or Malfeasance Extreme Del

    sorry for the un precise use of language - I bought something because it has a $150 rebate - otherwise I wouldn't have bought it . It was part of their public offer to sell .

    when I said novel legal theory - was looking for some thing other than sueing for performance or have the Atty general get it - IE some consumer law statutes allow recovery and additional damages ..

  5. #5
    Join Date
    Mar 2013
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    17,492

    Default Re: Novel Legal Cause of Actions for Consumer Rebate Fraud or Malfeasance Extreme Del

    Quote Quoting Biggy
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    IE some consumer law statutes allow recovery and additional damages ..
    Nope. It's a simple breach of contract. All you get to sue for is your $150.

    I learned a long time ago not to buy anything with a mail-in rebate. I can usually find the same or similar item already discounted by the same amount.

  6. #6
    Join Date
    Oct 2014
    Posts
    7,616

    Default Re: Novel Legal Cause of Actions for Consumer Rebate Fraud or Malfeasance Extreme Del

    Quote Quoting Biggy
    View Post
    Is there any novel legal theories that I could sue them with rather that just forcing them to perform under the contract - IE paying me the rebate offer ? thank you !
    No. You have a breach of contract claim for the payment of money against the seller for the $150. That's about as simple a legal claim as you can get. You may be able to sue for that in your state's small claims court. If you are thinking you might be able to sue for more than $150 using some "novel" theory you can forget that. You are owed $150 and that's all you'll get out of this.

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