SUBMITTED: Monday, April 13, 2009
POSTED: Monday, April 13, 2009
Hey Vic,
Hope this helps. I purchased a new blackberry and finally got my 'rebate' (late) today. I'm not a lawyer, but, as I like to joke with my friends, I have more lawyers in my family than I have fingers and toes...several times more to be more specific. Didn't go to law school because I hate BS (and about half the lawyers I've met over the years...not my family of course). I consider myself a social justice advocate and after Katrina developed an extreme distaste for corporate fraud and honed my skills and filling effective complaints. Pick your battles and fight to win!
It took almost my whole day, but they are sending me a check for my 100 dollars priority so I get it by the end of the week.
Don't piss me off! These 'rebate' cards are totally illegal. A rebate, as anyone not working for ATT could tell you is a partial refund of money from the purchase price of the product, doesn't take a genius here. Because of that, any 'debit card' in place of a real rebate is by definition fraud; its called BATE AND SWITCH. (Also, these aren't even really debit cards with all the restrictions etc...they are more like gift cards or coupon cards) It's one of the most common types of fraud committed against the public. You are told one thing and you get another. Not too complicated. The laws on this are quite old and not too complicated. They are in my eyes, fundamental to America and our sense of self and justice. I digress. So, I can speak the legal lingo in my sleep and I told representative after representative that this was illegal and they need to send me my money or else. Finally, to the last manager I spoke with I told him that if he didn't send me my money I would go to the store to work it out, and he said 'then we don't have anything else to talk about then.' I believe he's going to be in big trouble for this.
I went to the store and again, repeated my argument of fraud and that if they didn't give my my money, I was going to return the phone and there would be another problem; as they encouraged me to do, I donated my old phone to the troops in Iraq. So would have no phone. Then the manager there and I spent a good 30-40 minutes on the phone talking to reps who finally offered to credit my account 100 dollars. I refused. They did it anyways. I told the manager then, that I had no choice but to return the phone. He refused saying it was more than 30 days. I very clearly explained that the 30 day limit is legally moot because they did not fulfill the verbal contract to give me a 100 rebate and because of that they were committing fraud. I told him I was going to the court house to file a lawsuit.
I went to the court house and got all the paperwork( was beyond pissed at this point). Then I went home to collect documentation and get all the names and addresses. I had to call back the rebate service center to get this information, I was overly nice and appologized but I really needed the name of that manager that told me off. She told me they had no record of him accessing my account and that he is required to log our communication onto my account and apparently had failed to do so (this is pretty common in customer service especially if they're stateside).
This got their attention. So she practically begged me to talk to the her manager, the manager's manager to try and resolve this.
They are priority shipping me a check for 100 dollars and that A***** who told me off is probably in deep doodoo.
Here is a breakdown of what I think you need to know (or anyone in these shoes)
1) This is fraud, called bate and switch
2) they can not legally change the definition of a rebate, a rebate is a rebate
3) failure to fulfill this part of the purchase agreement means they need to refund all payments and expenses encured
4) doesn't matter that its stated on the sheet in fine print, they try to pull out this BS every time. Legally the fine print doesn't hold a drop of water (Know this and you own this) because of the 'verbal contract' from the store employee and their clearly worded advertizements clearly using the word REBATE
NEVER LET SOME DUMBASS SALES PERSON THROW "DIDN"T YOU READ THE CONTACT? or DIDN"T YOU READ WHAT YOU SIGNED?" They can write whatever they want, if its illegal, it doesn't mean SH****> They always try to scare people with this, ask a lawyer.... if you let them know you know this doesn't override the purchase agreement and doesn't mean anything in the context of fraud, they don't like it, but its true
5) tell them about me, and that the supervisor leah said it was ok to tell others that they can call and ask for the manager's manager (or something like that) to get their real rebate
6) if this doesn't work, just ask to have the full amount credited to your phone bill account (do not let them tell you that you need to pay some phone fee...this happened to my friend who I helped with this stupid rebate thing today...refuse to pay the fee, tell them you were told that its illegal to charge this fee (they won't know the difference)
GET YOUR MONEY AND DON'T TAKE NO FOR AN ANSWER!
7) the key to my success....once you get a good representative on the phone be super nice but don't move an inch. You want the sales rep to WANT TO HELP YOU.
This is how and why I usually get my way.
It's been a long day...sorry to ramble...still really pissed off.
I even went back and told the manager at the store that I fixed it and how he can avoid this and help others in the future...we shook hands. (Clearly I didn't burn any bridges-can be helpful in the future).
PS I think I got a 100 dollar credit on my phone bill AND they are sending me my 100 dollar check. ....for my troubles I guess.
Sarah
Vallejo, CA