Hi!
Here's a way for all of you GC lawyers and legal fans to keep your knowledge in shape.
I've seen how some of you have been really helpful to others in the past and I'm hoping you can help today.
A friend of mine, (no it's NOT me), is having tro uble with a beauty pageant director. This young lady, let's call her "Amy", paid $175 to be in the pageant. The price included entry into the national competition, and a sash and crown for her local title. Amy entered and paid sometime at the beginning of the year and she has received her local title crown and sash. However, the pageant was supposed to be in January of 2002 (9 months ago) but the director delayed it to October, then November and now next year. The director would not respond to e-mails, and took her address and phone number off of the website.
Amy and some other contestants were apalled at the lack of communication and value for their money. They believe that they are being strung along and that the pageant will never happen. So th ey started threatening to sue. The director finally replied and said that she'd roll over their entry fees to next year's contest. Not wanting to participate at all anymore, Amy asked for a refund. The director replied stating that their contract stipu lates that refunds will not be given in full or in part under any circumstance.
Amy then told the director that she would take her to court. The director, in turn, offered Amy $75 of the $175 as a sort of gesture of goodwill. Amy has less than 30 d ays to accept or reject this offer. Additionally, the director has now banned Amy from the national competition.
Amy thinks that the director did not fulfill her end of the bargain by not providing a service (the pageant) in a reasonable amount of ti me. She paid for this year's contest, not next year's. Additionally, Amy cannot currently fulfill her end of her supposed obligations of she is now banned from participating! Amy thinks she's entitled to the full amount back and she's even offered to r eturn the unused crown and sash.
hehehe....now, I used to watch a lot of People's Court as a kid (and still do!) I can recall cases where a business person wouldn't give a refund simply because they had a "no refunds" sign up behind the counter or the receipt said no refunds. I think the law says that businesses can't hide behind that if they are completely negligent in providing a service or product.
I mean, if the law allowed that, then wouldn't that open up a major fraud loophole? I could go and open up a taco stand, take money, cook nothing, point to a sign in the store and then say "sorry, no refunds" to every customer!!
Can someone give any advice in this situation? If it helps to know, Amy resides in Texas and the pageant director is based out of Utah.
I appreciate any comments - I'm sure Amy and the other contestants would be happy to hear your comments! Thanks a bunch!
......Kelly
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