u/Jackalope1979

▲ 5 r/mtg

Were you screwed on canceled orders?

It has long been a problem in the community that your Amazons, Walmarts, and the like of the world SEEM to be canceling orders and then relisting at a higher price. This is not permitted in any of the 50 states, if it is what happened.

Please note that the following is not legal advice for you. Everyone's situation is different, state laws vary, and this is not the best thing for all people.

That said, before you get your feathers ruffled, make sure this is what happened. I have had, more than once, an order cancelled, and then found the same product on Amazon/Walmart at a higher price -- but it was from a DIFFERENT SELLER.

It is only wrongful if it is a fulfilled by Amazon/Walmart transaction. There is nothing wrong (see below though) if an order is sold out and some random person lists the one they bought from TCG (or wherever they got it) at a higher price.

However, if you made an order from Amazon for $100, it gets cancelled, then Amazon relists for $50 more -- well that's not allowed in any state. Unfortunately, Amazon/Walmart does not care in the slightest when this occurs. Sometimes, Amazon will make up the difference and allow you to order at the higher price and give you a credit for the difference. I've had them do that about 2/6 times this happened. To get it though you will spend hours fighting their AI chat bot, to get a person to talk to, to have half of them hang up on you, only to finally get someone to approve, send you an email confirmation, then have them not give you the credit. You then have to go through the whole thing again, to get the credit. I think last time I spent over a dozen hours to get a $30 credit -- which is what they're counting on (e.g. make it not worth your time). In my opinion, there is zero chance this is not purposeful design.

So what can be done?

The good news is if ENOUGH people do the following, I guarantee you the problem goes away. (Meaning they actually fix their systems so this doesn't happen).

I'd like feedback, because I'm considering starting a how/to website, that also allows everyone to list (a) their proof it happened and (b) compile a list of the complaints for media.

But even if I don't do that, everyone who had this happened should:

  1. Send a form demand letter that complies with your state's deceptive trade practices law. In Texas for instance, you must send a letter that gives them 60 days to fix the problem, and pay you 100% of what is owed. Include the invoices, photos showing that the seller was identical, and all other info to verify the claim.

  2. (If I start a website), upload your letter, and add your name to the list of people have done this;

  3. If they do pay what is demanded -- GREAT -- they actually did what they said. The 4 times I've sent a letter -- completely ignored.

  4. After the 60 days goes by (or however long in your state), go file a small claims deceptive trade practices claim. (Name of law varies by state -- its whatever the consumer protection law is in your state). In Texas, they can have to pay you to 3x your damages. (Damages are measured by the amount you were promised to pay and how much more it cost you now). Along with all costs from filing the suit. Filing fees for this are, in most areas, under $100.

  5. (If I start a website), upload your complaint, and add to the list of people who have done this; and

  6. Show up to your hearing, get a judgment, then record it, get paid. (Assuming you win your claim).

If 10,000 to 50,000 people did this every time it happened, Amazon and Walmart would change their practices. They will have to start paying a multiple of damages, and costs, tens of thousands of times -- and hire hundreds of lawyers in every state to deal with it. Your $150 (3x damage claim on $50), will cost them several thousand dollars per case to deal with. I can almost guarantee that this will become a national story -- "Amazon/Walmart violating consumer protection laws in every state, tens of thousands of consumers file suit."

So in addition to losing millions, they have negative press of a massive scale.

Oh, and I can almost guarantee that there will be a dozen plus state attorney generals that open investigations into it at that point. And I don't care if they are left/right people. NO ONE likes getting screwed like this -- particularly by Amazon or Walmart.

I'd love to hear the community's thoughts.

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On a different note, in a lot (Texas for instance), it is also a violation of consumer protection laws to advertise a product with insufficient amounts or without advertising the limits on the availability (and you certainly cannot take money on orders you cannot fulfill). This is a slightly more complex issue though. BUT IT IS WORTH PURSING on a larger claim (in my opinion). That said, it's not as much of a homerun as the above.

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To reiterate, this is not legal advice. I highly suggest you chat with a consumer protection attorney. Also, state laws vary state by state.

Lastly, just because Amazon or Walmart canceled your order (or any other vendor), that, in of itself, does not necessarily violate consumer protection laws -- facts matter.

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u/Jackalope1979 — 6 days ago