Need legal advice.This is a discussion on Need legal advice. within the Open Talk forums, part of the General Information category; I won a contest in October for a 5DII, and haven't received the camera nor been told when I will ...
(#1)
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Posts: 1,404 Join Date: Jun 2006 Location: Cedar Park, Texas, Texas Real First Name: Nick Camera: Canon 40d Can Others Edit My Photos: No iTrader Rating: 1 LIKES Received: 0 LIKES Given: 0 | Need legal advice. -
11-11-2009, 12:05 AM
I won a contest in October for a 5DII, and haven't received the camera nor been told when I will receive it. The first few days I continued to email them, and only got a couple of responses from them. It was always the usual "We'll keep you updated". Two weeks ago was the last email I received from them and they said "We'll get your shipping information to the vendor" and haven't heard back since.
I spoke with the second place winner, and he said he received his prize - although he continued to say that it took him countless emails and did not understand how these people we're operating a business.
I should also note this is the same company that had an employee that tried to rig the results. I made a thread about it last month.
What steps should I take here? Issue an ultimatum to send me my prize or else I'll take legal action? | | | | | Sponsored Links | Premium Members do not see Google advertisements. SIGN UP today and help support our community.
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(#2)
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Posts: 3,355 Join Date: Feb 2009 Location: Plano, Texas Real First Name: Mark Camera: Canon Can Others Edit My Photos: No iTrader Rating: 3 LIKES Received: 137 LIKES Given: 197 |
11-11-2009, 01:22 AM
You need to have them commit to a date in writing and if that date is not met or they just won't commit then legal action may have to be your next choice. Good luck. | | | |
(#3)
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Posts: 875 Join Date: Feb 2007 Location: El Campo, Texas Real First Name: Jon Camera: Canon Can Others Edit My Photos: No iTrader Rating: 6 LIKES Received: 8 LIKES Given: 0 |
11-11-2009, 09:39 AM
Advice point #1 - Don't ask about legal advice on a photo forum and expect to get legit results
But you should try and get a date in writing and go from there, make a call if you have a friend that is a lawyer. | | | |
(#4)
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Posts: 1,404 Join Date: Jun 2006 Location: Cedar Park, Texas, Texas Real First Name: Nick Camera: Canon 40d Can Others Edit My Photos: No iTrader Rating: 1 LIKES Received: 0 LIKES Given: 0 |
11-12-2009, 10:52 AM
I sent a request to commit a date to me within the next 48 hours, and get a response almost instantly:
"Do what you must. There was nothing stipulated when the prize had to be delivered.
You want to spend the money in court, I don't have an issue with that.
One more threat and I would recommend you to retrieve your camera through the court system."
He also says he has been waiting for the vendor to get the 5D2 in stock. Well, it would have been nice to tell me this and keep me updated instead of ignoring me. I was unaware the 5D2 was hard to stock these days. Where is he buying from? | | | |
(#5)
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11-12-2009, 11:27 AM
Good luck. He knows the cost to sue him will far exceed the value of the camera. If he's local you can go the small claims route. If he's not, there is not much you can feasibly do.
We love clients who are willing to back their principles with their money. Unfortunately, there are not many of those. | | | |
(#6)
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Posts: 1,404 Join Date: Jun 2006 Location: Cedar Park, Texas, Texas Real First Name: Nick Camera: Canon 40d Can Others Edit My Photos: No iTrader Rating: 1 LIKES Received: 0 LIKES Given: 0 |
11-12-2009, 11:37 AM
He is in Chicago. | | | |
(#7)
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11-12-2009, 12:41 PM
Wow - that's a rather crappy response - even when you GET your camera, your going to be so annoyed at the place where you won it from - you'll talk bad about them for the rest of your life....
WOOOHOOO - great way to get themselves new business isn't it?
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(#8)
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11-13-2009, 01:25 PM
Quote:
Originally Posted by Crashoran He is in Chicago. | Hate to say it but you are probably SOL unless you want to spend some real coin trying to get it. Can't make a dishonest person honest.
If you want a Chicago lawyer referral, pm me. | | | |
(#9)
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Posts: 1,404 Join Date: Jun 2006 Location: Cedar Park, Texas, Texas Real First Name: Nick Camera: Canon 40d Can Others Edit My Photos: No iTrader Rating: 1 LIKES Received: 0 LIKES Given: 0 |
11-13-2009, 01:59 PM
Why won't he just give me the camera.
He held a contest.
I won.
?????? | | | |
(#10)
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11-13-2009, 02:16 PM
Perhaps the contest didn't generate the revenue or results he had hopped for, and the camera wasn't yet owned by them. So they rob Peter to pay Paul. In this case, you are Peter.
If it didn't cost you to enter, you at least are not out much. And who knows, you may still get your camera. I wouldn't hold my breath, but who knows.
Without creating a fish story, if it were me I'd give him plenty of time and then I'd file a complaint with the BBB if they'd accept it, and blog and write about "my contest experience with..." so at least other folks can learn who they're dealing with. (If the BBB would accept the complaint, I'd hold off on the writing. I might also consider the state attorney general or whomever regulates contests.) | | | |
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11-13-2009, 02:35 PM
Quote:
Originally Posted by Crashoran Why won't he just give me the camera.
He held a contest.
I won.
?????? | Two possible reasons:
1. He is dishonest; or
2. He cannot afford to buy it and send it to you.
You can also speculate about a lot of other things as well. | | | |
(#12)
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11-13-2009, 03:21 PM
Many contests state the amount of time you have to wait before receiving your prize... often 6 to 8 weeks. This one apparently had nothing in writing. Your best bet is to try small claims court, or you'll wind up spending the $2500 worth of camera in lawyer fees. You'll probably have to file in his county, but I don't know for sure. | | | |
(#13)
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Posts: 1,143 Join Date: Nov 2007 Location: Houston, TX, Texas Real First Name: Grant Camera: Digital Can Others Edit My Photos: Yes iTrader Rating: 4 LIKES Received: 0 LIKES Given: 0 |
11-13-2009, 03:24 PM
Maybe you can try the Peoples Court :).
NOt that this will make you feel any better. But i won a Ritz Camera contest and they later declared bankrupcy. So, i was SOL. I was angry and actually still am, but life is funny sometimes.
Sorry man!
G
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I shoot Nikon
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(#14)
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11-13-2009, 10:23 PM
Quote:
Originally Posted by Crashoran I won a contest in October for a 5DII, and haven't received the camera nor been told when I will receive it. The first few days I continued to email them, and only got a couple of responses from them. It was always the usual "We'll keep you updated". Two weeks ago was the last email I received from them and they said "We'll get your shipping information to the vendor" and haven't heard back since. | Sounds like a scam, like most of today's "contests".
"You won" doesn't mean what it used to. richardsfault added 2 Minutes and 25 Seconds later...Double Post Merged Below Quote:
Originally Posted by Crashoran I won a contest in October for a 5DII, and haven't received the camera nor been told when I will receive it. The first few days I continued to email them, and only got a couple of responses from them. It was always the usual "We'll keep you updated". Two weeks ago was the last email I received from them and they said "We'll get your shipping information to the vendor" and haven't heard back since. | Sounds like you are being strung along for handling fees aka a 419 scam.
"You won" doesn't mean what it used to.
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Nikon D300, D80, D50, 18-70 F3.5-4.5 G ED, 50 1.4D, 85 1.8D, 180 2.8 ED.
Last edited by richardsfault; 11-13-2009 at 10:26 PM..
Reason: Automerged Doublepost
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(#15)
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Posts: 798 Join Date: Jan 2008 Location: Austin, Texas Real First Name: Eric Camera: Canon 5D and 5DII Can Others Edit My Photos: No iTrader Rating: 0 LIKES Received: 0 LIKES Given: 0 |
11-14-2009, 05:34 AM
I would start here
sometimes a certified letter from the right place is all that it takes | | | | | Thread Tools | | | | Display Modes | Linear Mode |
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