Pissed Consumer - Texas - Violation of Deceptive Trade Practices

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Texas - Violation of Deceptive Trade Practices

Mar 24, 2008

Office Depot complaint by Wandarowles

Office Depot ran a two-page ad in the paper on Sunday, 23Mar08 listing a number of items on sale for the week of 23Mar08 thru 29Mar09. I went to the Katy Office Depot store (435 South Fry Road) Monday afternoon, 24Mar08 to purchase several of the advertised items. Close examination of all of the fine print did not indicate "limited quantities" or no rainchecks for an advertised Motorola Bluetooth Headset for $4.99 after a $35 mail-in rebate. The item was not in stock and upon speaking with the store's manager, Mr. Richard Deupree, I learned that Office Depot does not issue rain checks for any advertised item that was not available for sale during the sales event. If the item was not there, the customer was out of luck. He stated that the "no raincheck" answer was a corporate policy that he could not change. He was not aware of the Texas Deception Trade Practice requirement that stores must provide adequate supplies of advertised products or provide other means of solution such as item substitution or a raincheck for future purchased when the item is back in stock. He stated that if this was Texas law that Office Depot was not a Texas corporation and other laws would apply. Again the solution was not in his "pay grade" as he reiterated. I believe that Office Depot is using false advertising to drive store traffic with the full intent of not honoring published sales prices. Things would be Ok if they had stated "no rainchecks" or "limited quantities". They did not do so, thus they are in violation of Texas Deceptive Trade Practices. This is particularly troublesome with Office Depot's corporate policy of "no rainchecks". This appears to be outright fraud and false advertising.

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Comments (2)

1. Written by Michael, on 10-06-2008 20:24

No! Fraud would be if they never had it in stock at all or never intended to. If it was such a good deal then why didn't you get it Sunday morning when they opened their doors. Lazy :cry

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2. Written by OD employee, on 29-05-2008 22:06

If you read the back of the ad, there is a statement on the bottom that explains that quanities are limited. However, there are ALWAYS sub's for the item.

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