Wednesday, February 10, 2010

Can I sue an international seller for false advertisement?

Okay, so I basically ordered a fake G1 from this website that is based in China. When I received the phone, it was, indeed, not a G1 and some lame replica. It does not have a keyboard, android market, or access to internet, although I have a data plan with T-Mobile currently. Basically the only thing I could do on it was call people, because the texting was messed up too.





On their website, it shows a picture of a legit G1. Only until after I bought the phone and went back did I realize a tiny link that had other pictures of the phone. Even then, it looked like a G1 to me and the phone even said ';T-Mobile'; at the top. The phone I received says ';G-Mobile.';





Also, they are making it very difficult for me to return it. I have been arguing with them via email for over 2 weeks, and their English is not very good. They are telling me I can't return the phone if there's nothing wrong with it.





Any legal action, at all, that I can take?Can I sue an international seller for false advertisement?
Sure. You could fly over to their country and file legal action there, but it's probably going to cost you quite a bit of money to keep going back and forth for every court appearance.


You could dispute it with your credit card company, but they often won't get involved in disputes regarding international sales.


This is the risk you take when you buy internationally without researching the product and the company first.Can I sue an international seller for false advertisement?
You can't sue foreign companies for making knockoffs and shipping them to you. When you're international, it's buyer beware. You shouldn't be ordering phones from china anyway.
Ryndal is, of course, wrong. Why can't you sue? Sure you can! This is America, for God's sake! But, and maybe this is what Ryndal meant, how will you get jurisdiction over them? Do they have any operations here? Property? Bank accounts you could levy? I know! Lure one of them into hopping a plane to meet you in Disneyland (say you'll but their ticket, see, it's a trick!) and as soon as they land, serve them with a summons!





OK, enough kidding, how are you going to enforce this contract, which they obviously breached? Start quoting all sorts of legal gibberish at them-- you sent me non-conforming goods in violation of the Uniform Commercial Code and I am exercising my right to sue for breach, etc. See where that takes you. You could sue them, but again, how do you hail them into court? See if they have a US arm of operations. If they do, serve them with your complaint.





Alternatively, you could talk with your provider and see if they'll give you a credit for the amount you paid these rip-off artists. And, you can spread the word about this crappy company so others won't get conned!
for 1 thing is true that the chineese know better english then u do, they just try to do like the mexicans here do they just try to make u think they cant so ull go aways fasdter, but if u got lots of money to blow away for all the lawyers to take home instead of u goin to buy a phone cheeper then do the best thing buy from were u can see it in hand workin and itll be much much much cheeper then payin lawyers to figure out wat to do, shure lawyers say sue cause u the one losin money not the lawyers, they bigger crooks then the chineese company who sold u the phone so chalk it up as education an just go buy from a cell phone store neerest u an ull come out ahead of the game an even afford minutes on ur phone just dont get the contracted phones, beside u not gonna marry the phone are u u only use phone for business an home stuff so wats with all this fancy stuff u buyin for think about it who realy needs a phone with cameras, games, internet an all that stuff, really r u that dependent on a stupid phone which will be obsolete in 3 months anyways, then u have to buy another one to show off to everyone big deal u got fancy phone, big deal, my phone is 50. dollars a month an i do everything the fancy ones do except internet, games, toys shoppin an ecxt. u to much on this electronics gaget stuff , these same companies keep sayin u need this stuff to live well surprise surprise , humans ben doin fine all these yrs with out blu tooth an other phone stuff so stop feeding into the hype, just get a regular phone an ull be talkin to everyone everywere, an it is cheeper, for wat u spend on phone go buy another car or house or boat or somethin else it only a phone, not ur blodd life,
no.
when dealing through the internet or any where that you can not actually inspect the product personally there is only one thing to remember.


';BUYER BEWARE';


No you can not sue. If the company is reputable they will probably give you a refund or replacement, if not just try going on places like eBay or monster.com and let everyone know about the bad business practices.
I agree 100% with Ryndal. What kind of demon possessed you and bought a G1, Chinese version, with your body? A T-Mobile store is obviously closer and it has a much more face-to-face argument probability. I don't think that mistake is undo-able. I'm sincerely sorry. Peace and love.

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