I have collectible figurine that comes with a Lifetime Breakage Replacement Program.card stating that if the item gets broken that they will replace said item for 50% off the current suggested retail price, plus tax and shipping and handling. When I called I was told that that item was discontinued so there was nothing they could do for me and that those cards should be disregarded, they don't even include them anymore in their packaging. (The card shows a print date of 2004). When I go to the website they show a breakerage replacement program that has been reworded to include, "We'll replace any broken piece that is in stock". I understand that this seems petty but they don't say anything on the warranty card about the item being in stock, it says "any item" . Do I have any recourse?
If you have the money to pay the filing fees, you can sue anybody for anything.
Your real questions should be, "Even if I win a lawsuit, what will I get, and how much time, money and effort will I have to spend to get there?"
If the item is no longer made, they can't replace it, and I doubt any judge will order them to tool up a production line just to make one for you. If you won a lawsuit, you would likely get the value of the warranty: the price of the item, minus the 50% replacement cost you would have paid and the tax, shipping and handling.
So how much is left?
Two hundred years ago, the philosopher Voltaire wrote, "I was only ruined but twice: once when I lost a lawsuit, and once when I won one."
His point -- that suing someone is almost as stressful and time-consuming as getting sued yourself -- is even more true today.
Please understand that this is a general discussion of legal principles by a California lawyer and does not create an attorney/client relationship. It's impossible to give detailed, accurate advice based on a few sentences on a website (and you shouldn't provide too much specific information about your legal matter on a public forum like this, anyway). You should always seek advice from an attorney licensed in your jurisdiction who can give you an informed opinion after reviewing all of the relevant information.Please understand that this is a general discussion of legal principles by a California lawyer and does not create an attorney/client relationship. It's impossible to give detailed, accurate advice based on a few sentences on a website (and you shouldn't provide too much specific information about your legal matter on a public forum like this, anyway). You should always seek advice from an attorney licensed in your jurisdiction who can give you an informed opinion after reviewing all of the relevant information.
Maybe, but as my colleague noted, your effort and possible upside are very limited. Also, what do the company's terms of sale say about dispute resolution? Does the "forum selection" that you agreed to when you bought this figurine require that you sue them in their home state? Must you use binding arbitration, or mediation prior to or instead of court? Are their damages limited to the amount you paid?
The legal system isn't really designed to resolve disputes like these- customer service is. Is there some way this company can compensate you besides replacing this particular figurine, perhaps providing with you other new figurines?
Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship.
