Paul Gowder dropped his Kindle 2 and it broke. Amazon wanted $200 to replace it. Instead, they replaced it and gave him an additional $200. But how did he do his?
An intimidating letter of complaint filled with legal jargon! Here's the money paragraph:
I am prepared to offer an immediate settlement of my claims against Amazon.com for a payment of $400.00. That sum represents the $200.00 replacement fee I paid plus $200.00 to compensate me for the diminution of utility and value of the device as well as of the e-books I have purchased for that device, in light of the fact that the replacement device, too, can be expected to be far more fragile than advertised and prone to destruction under the slightest stress. This offer expires thirty days from your receipt of this letter. If you do not accept this offer, I intend to bring suit either individually, or, if I decide it is warranted, as representative for a class of similarly situated plaintiffs. At that time, I will seek the amount noted above, plus punitive damages under the California Consumers Legal Remedies Act, Cal. Civil Code §1750 et. seq., costs, fees, and such other monetary damages as provided for by law, including without limitation Cal. Bus. & Prof. Code §17200 et. seq., the implied warranties of merchantability and fitness for a particular purpose, and other relevant law.
And here's Amazon's response...
Final Score:
Paul (1) Amazon (0)
[Link: Consumerist]
Posts
No comments:
Post a Comment