Small Claims court against bandarama/mpell?

Live forum: http://forum.freeipodguide.com/viewtopic.php?t=78465

gabriel

19-02-2009 11:27:43

Anyone else feel this is wrong and they should not expect us to pay up first?
By the TOS they have to send us a gift of equal or lesser value. (n ot us buy something first right?

Idk.. i'm a college student and dont have $2,100 to pay upfront so now what?

ghounds07

19-02-2009 11:37:45

think of a way where you do not have to actually pay a bunch of money and still get a receipt, it does require logical thinking skills though.

zr2152

19-02-2009 12:23:42

[quote212dd4ca55="gabriel"]Anyone else feel this is wrong and they should not expect us to pay up first?
By the TOS they have to send us a gift of equal or lesser value. (n ot us buy something first right?

Idk.. i'm a college student and dont have $2,100 to pay upfront so now what?[/quote212dd4ca55]

I love when ppl threaten to sue.

The judge will just laugh at you.

It's not hard to think of a way to get a receipt man.

gabriel

19-02-2009 12:31:58

i know what you mean
buy and return
But, do people really think a judge would laugh at you? I mean look at all the angry people.. trustedrewards still says you wouuld get your gift in 6-8weeks... we all now know that was false advertisement.

And how can they give some people gifts, and others who have been cts longer wait even longer?

ghounds07

19-02-2009 12:38:08

if you know what we mean then why complain about not having any money? would you rather go through small claims court to try and get the money or just spend a few minutes and wait 8-10 weeks for a check?

zr2152

19-02-2009 12:39:03

[quote86b06795ad="gabriel"]i know what you mean
buy and return
But, do people really think a judge would laugh at you? I mean look at all the angry people.. trustedrewards still says you wouuld get your gift in 6-8weeks... we all now know that was false advertisement.

And how can they give some people gifts, and others who have been cts longer wait even longer?[/quote86b06795ad]

No one understands.

No it is not false advertisement.

[quote86b06795ad]Function noun
the crime or tort of publishing, broadcasting, or otherwise publicly distributing an advertisement that contains an untrue, misleading, or deceptive representation or statement which was made knowingly or recklessly and with the intent to promote the sale of property, goods, or services to the public[/quote86b06795ad]

Eeyore

19-02-2009 13:03:51

Considering how absurdly easy it is to comply with the Mpell program without spending more than ten or twenty bucks overall, and considering that your chance of winning in small claims approaches zero, and considering that even if you win there your chance of collecting is zero, and considering that Brandarama could wake up some morning and cancel your account "at any time and for any reason", you would be wasting your and a New York Small Claims court's time.

By the way, ARG says you "should" get your gift from 6-8 weeks after you send in your certs, not "would" or "will". That distinction alone kicks your case out of court. Small claims does not necessarily work like it is portrayed on TV and you have about a minute to make your case. Any reason to dismiss your claim will result in it being dismissed. About your only chance of winning is if ARG does not defend, but you'll be traveling to New York state to find out if they show up.

steveyankee

19-02-2009 13:20:46

[quote031614e715="zr2152"][quote031614e715="gabriel"]Anyone else feel this is wrong and they should not expect us to pay up first?
By the TOS they have to send us a gift of equal or lesser value. (n ot us buy something first right?

Idk.. i'm a college student and dont have $2,100 to pay upfront so now what?[/quote031614e715]

I love when ppl threaten to sue.

The judge will just laugh at you.

It's not hard to think of a way to get a receipt man.[/quote031614e715]

And I love people who assume they know the courts system.

tylerc

19-02-2009 14:19:10

You're a fool if you think you could honestly win a court case against ARG.

RolltheStampede

19-02-2009 14:45:37

eh let em try. go to people court so we can watch on TV.

cant you only get like 500 bucks in small claims.
Or isnt there a class in the terms of brandarama that says if you sue you dont get any money or something

[quotecaa0ec1c17]9. Indemnification

You agree to immediately notify us of any unauthorized use of your account or any other breach of security known to you. Furthermore, as noted above you are entirely responsible for any and all activities which occur under your account. You agree to indemnify, defend and hold harmless Brandarama, its parents, affiliates and subsidiary companies, officers, directors, employees, consultants and agents from any and all third party claims, liability, damages and/or costs (including, but not limited to, attorneys fees) arising from your use of the Service, your violation of the terms of this Agreement or your infringement, or infringement by any other user through your account, of any Intellectual Property Right or other right of any person or entity. [/quotecaa0ec1c17]


This one is good too.

[quotecaa0ec1c17]11. Termination

We may terminate this Agreement, suspend your account, or cease offering the Service, at any time and for any reason in our sole discretion.[/quotecaa0ec1c17]

I think If you sued me i would just terminate your account, so no money for you.

Just get some receipts and wait 2 months for your cash

Eeyore

19-02-2009 15:07:10

[quote8c814b6fb2="steveyankee"]And I love people who assume they know the courts system.[/quote8c814b6fb2]I love people who assume others on the Internet know as little about the courts system as they do. roll

Surprise! Some of us actually know what we are talking about.

RolltheStampede

19-02-2009 15:20:28

[quote218861818f="Eeyore"][quote218861818f="steveyankee"]And I love people who assume they know the courts system.[/quote218861818f]I love people who assume others on the Internet know as little about the courts system as they do. roll

Surprise! Some of us actually know what we are talking about.[/quote218861818f]

"I Like cereal"

dubbin87

19-02-2009 16:59:03

I like cookies. yuumy!!

doylnea

19-02-2009 19:19:38

Congrats, another thread locked because you can't help but bicker with each other.