Legal Question in Consumer Law in Texas

False advertising on internet page.

10 co-workers buy an item purchased at a low price over an internet store front. The store cancelled the order and did not honor the price. Sales rep promised to honor the price to 3 of the 10 people and later changed their minds and sent a link to a disclaimer. The disclaimer is very hard to find on the website and is several links into the page. Since we all purchased the same item and even witnessed over phone reps saying they would honor the price is there something they we can do legally to get this item back for the marked price?

Below is the disclaimer.

Errors and Omissions

While *** has tried very hard to ensure the accuracy of the product information in our store, we are not responsible for typographical errors or technical inaccuracies.*** disclaims liability for misprints, incomplete, stale or otherwise inaccurate pricing distributed or provided by other parties or websites including but not limited to shopping, search or comparison engines or similar entities on websites other than ***. In the event that another entity provides inaccurate pricing for any reason ***'s price listed at *** at the time of order will prevail. Further,***reserves the right to change its prices at any time without notice.


Asked on 5/26/06, 4:49 pm

2 Answers from Attorneys

TC Langford Langford Law Office

Re: False advertising on internet page.

In addition to Mr. Bradie's response, have you reported them to ebay? It is my understanding that ebay will suspend an account over a documented price switch. It may be enough to get them to comply with the advertised price.

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Answered on 5/26/06, 11:36 pm
Peter Bradie Bradie, Bradie & Bradie

Re: False advertising on internet page.

They can change their price at any time, except after a contract for sale has been entered into. You probably have a legal cause of action, but you'll have to sue to enforce that right where the seller is located.

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Answered on 5/26/06, 5:13 pm


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