Hey, if anyone is a lawyer or knows a lawyer who can say whether this is an actionable item (either law suit or charges filed), let me know. I got a paper last week from Matthews Motors. On the front it clearly said "Match your numbers to the numbers on the back to see if you are an instant winner". There were two sets of numbers. I matched them with the numbers on the back and it said I had won $5000 and a 22" TV. I took time out of my busy Saturday to drive over to Matthews Motors who had a sign in their lobby with numbers. They said my numbers didn't match the $5000 and TV, but did match a Vacation Package and $100 gas card. They gave me two certificates and ushered me out the door. Once home I looked at the certificates only to find the following: 1. Vacation Package I had to fill out the certificate and mail it in with $35. Once I got my reservation, I then had to pay another $129 per person port fee (after I drove to Florida to catch the boat. 2. $100 Gas I either had to fill out the certificate and send it in with $15 or I could do it on line (and still pay $15). Either way, I also had to agree to review other products and services. In short I did not "win" the prizes the paper said I would win, and the prizes I did "win" I have to pay for to receive. Isn't there some laws about this?
On surface, it does seem to be illegal. I would contact the State Attorney General's office AND the US Postal Service Inspector's unit. If it was fraudulent and delivered by US Mail, then it becomes a different class of felony. One has to ask...did you really think that some used car place was gonna give you the prize. Didn't the old adage, "If it's too good to be true...." run through your mind? OK, so your measurable loss is some time and gasoline. What would you expect recover?
Thank you. Do you know the rest of that adage? It's, "...It probably is", not "...It definitely is". I looked and looked and could not find any fine print that suggested this was a scam. Since Matthews Motors is a rather large company with a vested interest in keeping their business alive and well, there was no reason to doubt the veracity of the advertisement. Ultimately, would expect Matthews Motors to honour their advertisements. You may come from someplace where companies are not expected to fulfill what they say they will do, but around here we do.
Clif, What I meant to say was that a court would find that your incurred losses were the time that you spent going there, and the cost of transportation. The law does not allow for damages of opportunity costs, as there is no way to measure those. So you can decide to pursue your losses through either small claims court, or hire an attorney with a sizable retainer at an expensive hourly rate (presuming you could find one to take the case). In small claims, you'll spend some coin getting the complaint filed, the papers served. Then, somewhere in the next 90-120 days, your case will be scheduled. Presuming no continuances (which often happen as a delaying tactic) both parties will meet at court, where the judge will recommend mediation to try to achieve some sense of fairness. So, you'll go into a negotiation with the attorney from the dealership (who is far better versed in law than you) and he will offer you chump change to make it go away, making you aware that he can have the case continued and/or lengthen it to cost you more than you thought you'd ever spend. Even if you settle, you're still out your time and the costs of court (unless you agree that the dealership will pay those as well, as you can recover court costs only if you prevail and a negotiated agreement implies that neither party would prevail, and you split the diff. And the payoff is....little. I'm not saying it's not worth the fight. Sometimes, the question deserves a fair hearing. You have to decide how much it means to you. Of course, if you manage to convince a judge you were "injured", you may be entitled to some recovery. Chances are that you';d find the dealership is so well incorporated and encapsulated that you'd end up with a moral victory, and no one to pay the damages to you. YMMV. Seems like a class action suit will cost you a lot initially, again -if you can find an attorney to take the case. As to conventional wisdom being "usually" or "often" correct as opposed to "always", I grant you your point. Does it make a diff in this case? I think not. As to whether my upbringing and environment are such that my expectation of people and business doing the ethical thing is a theoretical ideal, I think you either have not read many of my posts, or are so arrogantly thinking that I am taking the dealership's side. Without ever having done business with them or knowing them in any capacity, I am unable to defend them. You make the issue seem like you have been mortally wounded. It seems to me that the only damage done was to your pride. If you want to discuss real damages, ask the folks in the Triad about their homes, or the Chinese who suffered a massive earthquake, or the Myanmar people, or even a wounded warrior. Far many people have it worse that any of us. You need to examine your perspective.
It's not a matter of damages, it's more a matter of a business making false claims and engaging in false advertisment. I have contacted the Consumer Protection Department of the Department of Justice. I told them, basically, the exact same thing I posted here. They said it did sound like false advertising and sent me paperwork to fill out and return to start the process of making sure they do not do something like this again. You see, in spite of what you may think, it's not so much a matter of what's in it for me, it's more a matter of promises not kept.
I constantly get these flyers and no matter what the numbers on the front and back are always the same. It's a tactic to get you into the dealership to see what your numbers have won you, and the hope that while you are there you will become interested in a new (to you) vehicle. Technically not illegal as you actually have won something, (just not all inclusive in the case of the cruise). Craig
According to the state DOJ it is technically illegal because (except for taxes) you aren't supposed to have to pay for a free prize. I have not won anything except a bill for my "free" prize.
I think this is the place I went last week to look @ an S-10 and it had OBVIOUSLY been wrecked badly, then repaired to try to cover up that fact (Exhaust had paint overspray, door hinge had been replaced with different color one, etc). I saw the add in one of the free used car magazines and thought, "Wow, thats a good deal." Once I went, I knew I should have listened to my instincts....If its too good to be true, it probably is.
I have a question for Hatteras6- You said if an attorney "would take the case" Why would an attorney not take the case? If they would get a high retainer, and at least 100 dollars an hour, why not? Aren't lawyers notorious for taking anything from anyone who is willing? Just curious to that statement?
There might be an attorney who takes a case that he or she couldn't possibly win. however, the attorney owes his client his best, and that includes advising the client as to whether or not he thinks the case has merit. If you think your case is strong, and a reputable attorney says that they don't want the case, that should tell you something. And, these days, one would think that an attorney worth his or her license would be wary of the NC Bar, especially after the Nifong deal.
The client pays for court costs. If the judge dismisses the suit, the client loses the fees/costs they have paid. Most clients would complain, at that point, to the judge that the attorney was no good. Judges don't like it when officers of the court are incompetent or greedy, as it reflects poorly on the system at large. Liability is more than just financial for the attorney. law school costs aren't cheap. Beginning lawyers make little. I don't think they'd want to chance losing a hard sought license on a case that may get them hit with Bar action. And, the reputation is the thing. Paraphrasing Clif, ethical behavior is the goal and the ideal. And, in a small community like ours, bad attorneys get talked about. Soon, they have no clients. Ambulance chasers and their ilk may survive in the big city, but not here where we are a closer community,
In this case you actually did win something, as stated in my previous post is just not listed as being all inclusive. An all inclusive trip would have covered the airfare and port fees as well as the cost of the cruise. If it wasn't technically legal then these auto dealers wouldn't be able to find a company willing to back such advertising, and trust me it's not just Mathew's Motors that does these type of things. Craig
In North Carolina an attorney as an officer of the court is also bound by law to only bring cases to trial that have a basis in law. If an attorney takes a case that is deemed to not meet this criteria that attorney is personally liable for the expenses incurrred in the defense of that claim. Most attornies will pay close attention to that aspect. The other aspect is the duty to the client to give accurate and effective advise in legal matters and not just making money from them.
http://community.lawyers.com/messag...nnelId=&subId=&mbId=16&threadstart=&threadend= That link should bring you to a lawyer site. You can ask questions and some qualified people will respond. Hope this helps. Make sure you tell them what state you live in.
This is shady, and I would definitely call 5 on your side. I bought a car from Matthews and was happy with my service, so this surprises me.
