Can I sue for false advertising on eBay?
I recently bought an "iPhone 4S" from a person on eBay. The iPhone turned out to be an iPhone 4. I have screenshots of the ad however there's one problem, I wanted to buy the phone immediately so he took the ad off of eBay and we did it over Paypal. I have two questions, in the state of NY (He lives in SD), could I have a case against him and would I actually make money? Would it actually be worth it to sue him if he does not refund me and pay for the shipping? Would I simply lose more money through legal fees. Thank you very much.
Added (1). I don't mean making a profit, I mean will I make the difference (legal fees, money spent on the actual iPhone)
Added (2). I have the email records (the subject line was literally "iPhone 4S")
You will not make any money on it. The best the court will do is require him to refund the purchase price and the shipping.
To sue in another state, you either have to physically GO there or hire a lawyer. There's no hope that hiring a lawyer will cost less than what you lost (which is ust the difference in cost between the phones)
You also have a flimsy case, because if you did NOT buy through eBay, he can argue that the ad did not apply to that phone. You agreed to buy a i4, not an i4S.
You can open a dispute on PayPal for items not significantly as described whether or not you purchased on eBay.
Yes you can recoup your costs, but you will have to travel to SD to file a case. Then you will have to return again for the hearing.
Contact paypal and ask how to proceed.
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