GFY...Your input is needed in this thread.

[AaronM]

I need your opinions on the following:

If somebody advertises a content sale and says that the content is $50.00 and consists of 100 hours of hard core videos and they are limiting the number of content packages at that price.....

Would you consider it fraud if they refused to sell the content at the price they advertised?

[Big_Red]

yes.......


edit: did they claim typo or something? still even, they should honor it.

[Aneros Josh]

Did they already meet the number of offers for which they were limiting the sale?

[BrettJ]

Uh. Yeh.

Unless they already hit their pre-announced limit on the number of packages they would sell.

[Pleasurepays]

no. looks like an obvious error.

[Peaches]

I wouldn't consider it fraud if the "new" terms were made clear before the actual sale. If the sale has been completed and you're getting less than you agreed to, then yes, it's fraud IMO.

[Got Porn?]

Did they give a number on how many packages they would sell or did they give a date that you had to have your order in by?

[SmokeyTheBear]

from the california dept of consumer affairs

--------------------------------

advertisements help consumers make informed choices among suppliers of goods and services. Businesses also benefit when information about their goods and services, as well as competitors' goods and services, is fairly and accurately presented to the public.

Major advertising violations of specific sections (§) of the Business and Professions Code (B&P) or the Civil Code (CC) are listed below.

False and misleading advertisements - An advertisement that is false or misleading is prohibited in California. An advertisement that fails to disclose information or that is ambiguous or is partially, or even literally, true may be found unlawful if the public is likely to be deceived by it. (B&P Code§17500)

Bait and switch - The law prohibits merchants from advertising goods or services with the intent not to sell them as advertised, but to switch the customer to another item, usually at a higher price or on terms more advantageous to the seller. Bait and switch tactics take many forms. Examples include using a picture that misrepresents the advertised item, disparaging the advertised item, or showing an item that is not suited for the purposes represented in the ad. (CC § 1770(a)(9))

Supply of advertised item - Each of the advertiser's stores in the area where an ad is run must have enough of the advertised item available at or below advertised prices to meet a reasonably expected demand. An exception is when the ad states a limit on the quantity of a certain item or a limit on the stores at which the item is available. (CC § 1770(a)(10))

Limiting the quantity sold - Unless the ad mentions a limit on the quantity of the item that will be sold to a single customer, a merchant cannot refuse to sell advertised items to customers in any quantity that the merchant has in stock. (This law excludes sales to those who intend to resell the item.) (B&P Code§17500.5)

Disclosure of price - If a store advertises a price for a consumer good or service that is sold only in groups of two or more, the ad must indicate the minimum number of items the customer must buy to receive them at the advertised price. For example, an ad cannot say "batteries - $.10 each," if the batteries are sold only in packages of 10. However, the ad could say "batteries - $.10 each, sold only in packages of 10 for $1.00 per package." (B&P Code § 17504)

Advertisement of similar items - An advertisement for two or more goods or services of the same type (such as two models of coffee makers) must clearly identify which particular good or service is being offered at the advertised price. (B&P Code § 17507)

Advertising claims - Advertisers must be able to prove advertising claims that are supposedly based on facts, or claims that compare the product's effectiveness or safety with that of other brands or products. For example, if a car dealer claims to have the lowest prices in town, he or she must be able to support the claim. However, a more general "puff" statement, such as "low, low prices," does not have to be proven. (B&P Code § 17508)

Disclosure of other items that must also be purchased - If an advertisement for one product or service requires, as a condition of sale or lease, the purchase or lease of a different product or service, the ad must disclose the price of all of the products or services that must be purchased or leased. (B&P Code §17509)

Rain checks - Merchants are not required to give rain checks, although some stores do have a policy of providing them. However, giving the consumer a rain check will not ordinarily excuse an advertiser's failure to have enough of an item available to meet reasonably expected demand, as explained immediately above. (CC §1770(a)(10))

Unassembled children's toys - If a children's toy is sold unassembled, the outside of the package must clearly state that the product is unassembled. If the toy is packaged outside of California, the wholesaler or other person who first controls the toy in California must mark the outside of the package to indicate that the toy is unassembled (B&P Code§17531.1)

Misleading pictures - An advertisement is misleading if the item that is being sold is not as it is pictured in the ad. (B&P Code §17500)

Literally true but misleading ads - An ad that is literally true but misleading is unlawful. For example, if an advertisement says that an item is "Available through Sunday at only $5.99," and the article can be purchased from the advertiser after Sunday at $5.99, the ad is misleading, even though it is literally true. (B&P Code §17500)

Environmental advertising - It is unlawful for any person to make any untrue, deceptive, or misleading environmental advertising claim. For example, if an advertiser claims that a product is biodegradable or compostable, the advertiser must maintain written information that shows that the environmental claims are valid. The same is true for claims that a product is "ecologically friendly," "earth friendly," or the like. The advertiser must give this information to any consumer who requests it. (B&P Code§§17580, 17580.5, 17581)

Advertisement of used, defective, or irregular items - If an advertised item is used, defective, or irregular, this information must be conspicuously disclosed in the ad. (B&P Code§17531)

Products labeled "Made in U.S.A." - It is unlawful for any person to label any merchandise "Made in the U.S.A.," "Made in America," or "U.S.A." if the merchandise or any part of it has been entirely or substantially produced outside the United States. (B&P Code§17533.7)

Disclosure of legal name and street address - Generally, a business that uses a post office box, mail drop, or telephone answering service to advertise the sale of consumer goods or services must include in the advertisement its legal name and the complete street address where the business is actually operated. (B&P Code§17538.5)

Advertising of "former" and "sale price" - It is unlawful for an advertiser to advertise a price as a "former" price, if the price was not the prevailing market price in the locality where the advertisement is published for the three-month period before the advertisement was printed or broadcast. Alternatively, the advertisement must clearly and conspicuously state the date when the "former" price prevailed. If sufficiently large quantities of a product have not been sold at the price listed as "former" in an advertisement, it may be misleading for an advertiser to advertise the former price in comparison to the "sale" price. (B&P Code§17501)

[AaronM]

Originally Posted by Peaches

I wouldn't consider it fraud if the "new" terms were made clear before the actual sale. If the sale has been completed and you're getting less than you agreed to, then yes, it's fraud IMO.

It's a bait and switch, Peaches.

I was the first person to contact them about the offer and then they simply changed the terms of that offer and they refuse to honor what was and still is advertised.

[Peaches]

Originally Posted by AaronM

It's a bait and switch, Peaches.

I was the first person to contact them about the offer and then they simply changed the terms of that offer and they refuse to honor what was and still is advertised.

Yep, that would be fraud to me!

[Pleasurepays]

i misread it. yeah, not good. if the advertisement itself wasn't an obvious error, then they suck.

my bad.

[DWB]

I would not buy it.

[HouseHead]

Yes, and they would be classified as a Liar.

[Screaming]

why not name them?

[Elli]

Do they have a damn good reason for making the switch and still continuing the ad campaign/promotion?

[alexanderv]

Let me explain, he is talking about the dedicated server offer which was entitled

"Duo core server from Velcom.com is for sale for a very good price!!! Step inside."

in there it was said that for 189$ you get:

P4 2.8 Dual core,
1 GB Ram,
80 GB HD,
1000 GB,


After that Aaron posted that he wants the dedicated server to be shipped into NY and i answered that we can do it and set it up our NY DC.
For this Aaron answered, that he wants to buy the server. After this when I understodd that we simply had miscommunication
I posted within the thread:

You got me in a wrong way.

It is about a special offer from Velcom.com
For only $189/month we can have you set up in our datacenter.
The package includes:

P4 2.8 Dual core,
1 GB Ram,
80 GB HD,
1000 GB

http://www.gofuckyourself.com/showthread.php?t=714882

Also, when talking about hosting, "for sale" pretty often used to mean "for rent" or am I wrong?

Even if I am it can be called an error (which is now corrected since I posted the explanation within the thread I started).

[Jon Clark - BANNED FOR LIFE]

Originally Posted by alexanderv

Also, when talking about hosting, "for sale" pretty often used to mean "for rent" or am I wrong?

Even if I am it can be called an error (which is now corrected since I posted the explanation within the thread I started).

For sale means for sale...

People sale there old boxes all the time when they upgrade...

I actually was gonna post sold myself if Aaron wouldn't have gotten there first and I myself thought it was a box for sale!

Your ad should have read "Dedicated server for only $189 a month"

[jennym]

While I think "technically" you are right, I think you would be an ass if you made him honor it.

[JFK]

Originally Posted by Jon Clark

For sale means for sale...

People sale there old boxes all the time when they upgrade...

I actually was gonna post sold myself if Aaron wouldn't have gotten there first and I myself thought it was a box for sale!

Your ad should have read "Dedicated server for only $189 a month"

Yup a sale is a sale, a lease or a rent is rental @ so much per month

[TheLegacy]

companies have lost in court for far less than that.

always best to have your promo's checked and rechecked for possible error's or misinterpretations. I personally have several programs email me their press releases and promo's for checking just to make sure it reads properly.

[LiveDose]

If they refuse to honor the price yes.

[TheLegacy]

sorry to post again, but here is a classic example my wife mentioned after I spoke of AaronM's thread. Tim Horton's - a huge Canadian dynasty - who sells coffee and donuts have something called, "roll up the rim" contest. Here you see if you win a prize such as another coffee, donut etc. One single client managed to force Tim Horton's to alter their entire stock of coffee cups simply because they put the words, "TRY AGAIN".

She had taken her cup up to the counter and said, "the cup said I can try again to win, so I want another coffee so I can try again". The implication was that you can continue trying to win another prize, not stating you had to purchase another cup, just try it again. The battle didn't last long as lawyers for Tim Horton's realized their mistake and ordered the mass alteration of cups to now say, "Play Again".. therefore changing the meaning and rules to - purchase another cup of coffee to play again.

[jennym]

Originally Posted by TheLegacy

sorry to post again, but here is a classic example my wife mentioned after I spoke of AaronM's thread. Tim Horton's - a huge Canadian dynasty - who sells coffee and donuts have something called, "roll up the rim" contest. Here you see if you win a prize such as another coffee, donut etc. One single client managed to force Tim Horton's to alter their entire stock of coffee cups simply because they put the words, "TRY AGAIN".

She had taken her cup up to the counter and said, "the cup said I can try again to win, so I want another coffee so I can try again". The implication was that you can continue trying to win another prize, not stating you had to purchase another cup, just try it again. The battle didn't last long as lawyers for Tim Horton's realized their mistake and ordered the mass alteration of cups to now say, "Play Again".. therefore changing the meaning and rules to - purchase another cup of coffee to play again.

And people like that are exactly what is wrong with this country. There is always someone looking to profit at the expense of someone else's mistake/misfortune.

[Peaches]

Originally Posted by jennym

And people like that are exactly what is wrong with this country. There is always someone looking to profit at the expense of someone else's mistake/misfortune.

It's actually a different country than we're in but you're 100% right. Idiots like her are why there's a label on champagne to point the cork AWAY from you when opening it. Someone didn't do that, sued, and now they have a warning for the stupid.

[Jon Clark - BANNED FOR LIFE]

Originally Posted by jennym

And people like that are exactly what is wrong with this country. There is always someone looking to profit at the expense of someone else's mistake/misfortune.

I believe he said Canada, so in keeping with the theme of this thread you should have stated "this world"

[jennym]

Originally Posted by Jon Clark

I believe he said Canada, so in keeping with the theme of this thread you should have stated "this world"

lol....you are correct. I blame it on being brain dead from having 2 teenage daughters.

[jennym]

Originally Posted by Peaches

It's actually a different country than we're in but you're 100% right. Idiots like her are why there's a label on champagne to point the cork AWAY from you when opening it. Someone didn't do that, sued, and now they have a warning for the stupid.

lol....reminds me of something I heard on the radio this morning. It is the reason
we are heading towards "Idiocracy". Because it used to be that idiots died doing stupid shit. Now, we just pass laws to protect them...therefore they live to breed another day.

[TheLegacy]

Originally Posted by jennym

And people like that are exactly what is wrong with this country. There is always someone looking to profit at the expense of someone else's mistake/misfortune.

well she didnt take them to court, but there was a mad rush at that coffee store LOL

but your comment is true - that still doesn't mean you shouldn't take care in the text your writing. sure we all make mistakes, god I have made alot in my 46 years. My comment was only that you need to have backups so that this doesn't happen often. I not only help but have several people to go over my press releases. Just in case an error like this occurs.

[V_RocKs]

Take em to court.

[RawAlex]

Hey, I bid $180. I want my server delivered to my door. Figure out who much the shipping will be.

I read it exactly the same way AaronM did.

[jennym]

Originally Posted by TheLegacy

well she didnt take them to court, but there was a mad rush at that coffee store LOL

but your comment is true - that still doesn't mean you shouldn't take care in the text your writing. sure we all make mistakes, god I have made alot in my 46 years. My comment was only that you need to have backups so that this doesn't happen often. I not only help but have several people to go over my press releases. Just in case an error like this occurs.

Oh, I absolutely agree. For the most part though, I think Aaron was reading along, saw the mistake, and jumped on it. You can tell by his wording that he knew it was a mistake, and was about to enjoy giving the guy a hard time about it. It's what Aaron does best.

Aaron.....not bashing ya' honey. You probably have a little smirk on your face right now thinking "lol...that bitch has me pegged on this one". Give the guy a break. You are right, you proved your point, and you know you are just too sweet to give this poor guy all this hassle over his mistake.

[jennym]

Originally Posted by RawAlex

Hey, I bid $180. I want my server delivered to my door. Figure out who much the shipping will be.

I read it exactly the same way AaronM did.

Actually, you bid $190, and it wasn't an auction. First come, first serve, and that would be Aaron.

[pornguy]

Bring em down. Bring em down to china town!

[Jakke PNG]

Originally Posted by Peaches

It's actually a different country than we're in but you're 100% right. Idiots like her are why there's a label on champagne to point the cork AWAY from you when opening it. Someone didn't do that, sued, and now they have a warning for the stupid.

I actually laughed out loud when I bought some clothes in the states and the plastic they came in was full of warnings, such as "This plastic bag is not a childs toy" etc...

like, no shit? Or on McDonalds apple pies, "Warning, content might be hot"

[RawAlex]

Originally Posted by jennym

Actually, you bid $190, and it wasn't an auction. First come, first serve, and that would be Aaron.

Yup, I guess one only is one only. I can wait for the next sale, I guess. Although I have a feeling that I might have to wait a while.

[Scott McD]

Originally Posted by TeenGodFather

I actually laughed out loud when I bought some clothes in the states and the plastic they came in was full of warnings, such as "This plastic bag is not a childs toy" etc...

Considering how dumb some people are, i think the warnings are necessary...

[tASSy]

Originally Posted by TeenGodFather

I actually laughed out loud when I bought some clothes in the states and the plastic they came in was full of warnings, such as "This plastic bag is not a childs toy" etc...

like, no shit? Or on McDonalds apple pies, "Warning, content might be hot"

that's why we'll never have kinder eggs at the checkout stands at the grocery here. american kids/parents are too dumb not to eat/teach the kids not to eat the toy inside the chocolate.