Posted on 10/26/2015 5:20:38 AM PDT by lowbridge
the most small claims court would do is order a refund, and since that has already been offered, there is nothing to gain by that route. however, if they can get the spotlight for a while, topps might back down. you’d have to read the fine print to see if the contract is enforceable in other ways.
use the power of the press, if possible.
both parties have to have the capacity to contract. A 12 year old doesn’t.
Probably comes under the tort of fraud.
Probably an FR legal eagle could chime in.
UPDATE: FAN TO GET DANIEL MURPHY-SIGNED BAT AFTER TOPPS, MLBPAA HONOR SALE
More than likely the kid bought it through his parents.
Even in Texas Small Claims, the most he would get is triple damages. Can’t say for Nuevo York.
The way to make these slimeballs live up to the deal is through public pressure. As soon as the Topps big dogs see an outpouring, they will toss some low level CS Rep under the bus and publically present the kid his bat and a refund.
No, but Topps can by accepting their money for an advertised product.
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