Legal Question in Consumer Law in California

Purchased Cell Phone online then informed posted price an error

I purchased a cell phone and monthly plan on line and the phone was listed as free. When I called to check on the status of my order in was informed that the phone was listed as free on their website in error and is actually $129. Do I have any recourse?

Thanks


Asked on 9/10/03, 5:14 pm

2 Answers from Attorneys
James Fleming

Re: Purchased Cell Phone online then informed posted price an error

Potentially, basic contract law states that both sides will be held responsible for a contract when a bargained for exchange happens, but either mutual or unilateral (one sided) mistake can void the contract. You be able to either cancel the entire deal and give back the phone or possibly not have to pay the $129 bill. More information would be needed to determine that. Feel free to contact me for more help,

James

Read more
Answered on 9/10/03, 8:32 pm
Alvin Tenner Law Office of Alvin G. Tenner

Re: Purchased Cell Phone online then informed posted price an error

This is bait and switch. Notify the local DA and the office of the Attorney General. Also, the Federal Trade Commission. Then cancel the order. Go to a local cell phone store and get a program and phone.

Read more
Answered on 9/12/03, 2:12 pm


Related Questions & Answers

More Consumer Law questions and answers in California