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MISREPRESENTATION:<br /> An assertion or manifestation by words or conduct that is not in accord with the facts.<br /> <br /> Misrepresentation is a tort, or a civil wrong. This means that a misrepresentation can create civil liability if it results in a pecuniary loss. For example, assume that a real estate speculator owns swampland but advertises it as valuable commercially zoned land. This is a misrepresentation. If someone buys the land relying on the speculator's statement that it is commercially valuable, the buyer may sue the speculator for monetary losses resulting from the purchase.<br /> <br /> To create liability for the maker of the statement, a misrepresentation must be relied on by the listener or reader. Also, the speaker must know that the listener is relying on the factual correctness of the statement. Finally, the listener's reliance on the statement must have been reasonable and justified, and the misrepresentation must have resulted in a pecuniary loss to the listener.<br /> <br /> A misrepresentation need not be intentionally false to create liability. A statement made with conscious ignorance or a reckless disregard for the truth can create liability. Nondisclosure of material or important facts by a fiduciary or an expert, such as a doctor, lawyer, or accountant, can result in liability. If the speaker is engaged in the business of selling products, any statement, no matter how innocent, may create liability if the statement concerns the character or quality of a product and the statement is not true. In such a case, the statement must be one of fact. This does not include so-called puffing, or the glowing opinions of a seller in the course of a sales pitch (such statements as &quot;you'll love this car,&quot; or &quot;it's a great deal&quot;).<br /> <br /> A misrepresentation in a contract can give a party the right to rescind the contract. A Rescission of a contract returns the parties to the positions they held before the contract was made. A party can rescind a contract for misrepresentation only if the statement was material, or critical, to the agreement.<br /> COMPLAINT FOR FCC USED<br /> Saw ad backtoschool.net10wireless.com. Called and talked to a Net10 representative he took my order for the Huawaii Ascend II (refurbished)for $29.99 with free overnight shipping. Ad says 99.6% nation wide coverage. I already have a Net10 cell phone which my area covers. I have had service over 4 years with Net10 and bought the new phone as a replacement. <br /> The representative, I spoke with took my order and I paid with a debit card. The ad said free overnight shipping. It took 3 days. After receiving the phone I went to transfer my phone number to the new phone only to be told that the new phone or android would not work in my area. I spent 2 hours on the phone and 5 reps. only to be told to ship back the phone. My complaint is their ad is misrepresenting. They sold me a phone, took my money, never said the phone wouldn't work in my area, and if I want a phone compatible with the one they sent I'll have to pay more, plus I will have to send back the phone I ordered and pay shipping. Talked with Al (login 50008)at corporate office. He's going to ship me an address label so I won't have to pay shipping back. WOW!!!!


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