Legal Issues Re: Redemptions

[Bargey]

Just quoting from Bostoncorn's post below (Wow Fleer is my Idle):

"I told her about my 4 redemptions I had been waiting on... Banks HHP Auto, Amare Sweet Sigs, Martin E-X Auto, and Wade Season Crowns Auto. So first, she tells me that the Martin wasn't even made. She says tomorrow she will send me a Martin close to double the Bv. Then she tells me that the Amare and the Banks were never made either."

Does anyone find it disturbing that a card company can offer a Redemption card in a package, and then not even bother producing it? Surely it's got to be illegal to advertise and sell a product based on items that are inside the box, and then have these supposed high value cards (I mean most redemptions are autos are they not?) not even get produced? For years and years products have come out with "Find Vince Carter Autographs Inside" or "Search for Lebron Auto Jersey Rookie Cards" etc etc, so am I the only one who has a huge issue with card companys inserting redemptions into boxes and not even bothering to produce them? Having to wait to get your cards in the first place is bad enough without the card company screwing you over further by not even making your card to begin with and offering something else you probably don't want instead.

If the player doesn't bother to sign in accordance with their contract, and that is the reason the redemption doesn't get produced, then so be it, the company should sue the player and terminate their contract. If the company isn't bothering to manufacture the redemptions, well that's another story, maybe we collectors should sue them.

Would be interested in anyone elses views, especially someone who actually knows something about the law and isn't just assuming what's right and wrong (like me).

 

[BigDAlcala]

On the back of an 04-05 Fleer Redemption card:

...
3) ... If Fleer does not have the specified card available within 6 months, you may choose to have Fleer replace your redemption with a comparable card by checking the box below.
...
() Replace my Redemption Card with a comparable card if the specified card does not become available within 6 months.

On the back of an 04-05 Upper Deck Redemption card:

Upper Deck reserves the right to substitute the redemption item with another item of our choosing in the event we cannot provide the item within 6 months of submission.

Whether or not Upper Deck's reservation of rights is valid, I assume that in order to participate in their redemption program, you have to follow the program's rules, which clearly states that they can replace your Michael Jordan Auto/Jersey/Shoe/Suit/Armpit Hair 1/1 with a Darko Milicic/Travis Outlaw/Joseph Forte triple shooting shirt if they so please. Is it morally sound? Hell no.

As for Fleer, they clearly state that you have a CHOICE of whether or not to receive replacements. If they send you replacements without your permission, and then try to close your account, then I assume you should be able to sue them. BUT, they could probably get around it by saying they didn't send you replacements, but rather something to tide you over until they produce the actual item that is being redeemed. Nowhere on the redemption card does it guarantee actual production of the specified card, so they can just keep your account in limbo forever.

They're bastards, I say. Bastards!

 

[paul06901]

I totally agree, the worst is for set collectors, when a card isnt produced, thats not fair. Especially if its a rare card. Like say RIP never signed all the redemptions im collecting, I dished out some good money for some of the low #'d ones, and they can just replace it with other RIPs, but I wouldnt want that!!! Luckily that hasnt happened to me yet (*Knocks on wood*) but I do know if it does I would definately argue them until they gave in to me, there are legal loopholes, but Fleer wouldnt want to get tangled up in something they can easily settle d