Originally Posted by
Boraxo
They can certainly raise that as a defense, but they'll have to send an employee to court to do that. And of course if we go class action that means massive legal bills even to file a motion to dismiss. Usually it is cheaper just to pay up.
However happy to report that much to my amazement I recently got a nice paypal deposit for a purchase made through another bigcrumbs merchant. So apparently the problem is only with Marriott purchases. Of course bigcrumbs still has an obligation to follow up, and failure to pay up is the equivalent of bait and switch, or as we like to say in California, a violation of Sec. 17200.
There's nothing for them to defend against, as they don't promise to pay you something they never received. It's right there in the terms and conditions. Non-starter. Your points would be valid if they weren't adhering to what they promised/advertised (for example, to pay you a part of the commissions they receive, then not doing so).