Legal Question in Business Law in Texas

Internet Offer

An e-mail is sent to an internet company inquiring about beating another competitors price (“as they won’t be undersold”), that company in turn e-mails a reply back beating the said price as stated in the e-mail, proceeds to fax the consumer a price quote pertaining to the particulars of the agreement. A wire ensues for the agreed upon amount (less than $3,000) from the consumer. Inquiry by the consumer as to the ordered goods whereabouts by leads a company employee to state “price was to low” and makes a request/demand more money (two weeks after wire was received) or no goods (a refund would consist of a restocking fee when there was never confirmation of order being processed)will be sent.

First, isn’t there an offer made in the merchants reply to the consumer’s initial e-mail? Also, since the amount if under $5000 would this be a candidate for small claims court in TX? Would the merchant’s request for more money be a FTC violation?


Asked on 2/22/03, 11:45 am

1 Answer from Attorneys
Peter Bradie Bradie, Bradie & Bradie

Re: Internet Offer

You are correct that the offer was made by the seller, and accepted when you wired the money. It would be a candidate for Small Claims (capped at $5,000). It would also be a candidate for the Texas Deceptive Trade Practices Act for treble damages, although that requires an attorney to take it into a higher court.

I don't believe the FTC would get involved in a civil dispute.

Incidentally, this is one reason why any transaction over the internet should be paid for by credit card rather than a wire transfer. You can dispute the charge against your credit card. You have to sue to hopefully get your money back.

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Answered on 2/22/03, 12:06 pm


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