Legal Question in Consumer Law in Texas

Fraud!?!

We ordered from Jostens in Mesquite, TX, to get just the cap and gown and tassel for my son�s graduation on 5-30-09. We paid $65.92. In the past upon purchasing such a commemorative item, once you bought your cap and gown for graduation, it was yours to keep! On yesterday, when I am supposed to be full of glee for my son�s graduation, it was turned into a huge mess! My son was told that in order to receive his diploma that he had to give them his gown. The Jostens Rep stated that it was a rental agreement, and I told him according to the paperwork that we have, it said nothing about a rental agreement, and furthermore we would have never agreed to such a thing! It sounds to me that they are refurbishing these gowns to other students and they are not new upon purchase! We�ve ordered from Jostens in Illinois & North Carolina and what we bought was ours to keep! If my friend had not taken my son, to get his graduation picture for me prior to him going to the ceremony, I would have not gotten this once in a lifetime photo of my son in his graduation attire. This is very disheartening and (theres more to this, but it all would not fit) what can be done about this?


Asked on 5/31/09, 3:22 pm

2 Answers from Attorneys
TC Langford Langford Law Office

Re: Fraud!?!

You may have a case in small claims court.

I was intrigued because when my kids recently graduated, the cap and gown cost was similar, and they kept them. I looked over the Josten's website, and they do not provide cap and gowns for our high school any more; however, if you notice on the left menu bar it says 'buy cap and gown'. It does not list renting as an option.

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Answered on 6/02/09, 2:11 pm
Sarah Grosse Sarah Grosse, Esquire

Re: Fraud!?!

It completely depends on what the paperwork says. If it says it's a sale, then that's what it is.

I know when I received my Doctorate degree, I rented my cap/gown/collar for around $65. I walked wearing them, then we took pictures, then I returned them in exchange for the real diploma.

You should not let such a thing turn a very happy day into a disaster.

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Answered on 6/08/09, 10:04 am


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