Q: Do you think it would be worth my time to sue Dominoes under the Lanum Act for False Advertisement?!
On November 30th at 11:55pm I placed an order to my nearest local Domino's store. At about 12:01am, I received a phone call from the Domino's I placed my order thru. It was one of the employees calling to inform me that my order had come thru at 11:59pm and unfortunately they were closed and unable to deliver my order. So I asked the employee, "Why are you closed and unable to deliver my order?! Your website clearly states that as long as an order is placed by 12am, they will still receive their order! The employee quickly handed the phone off to the manager without saying anything else, but then I heard the manager speak saying, "I'm sorry for the inconvenience but I'm going to issue you a refund of your money.". So, I asked the manager the same thing saying; " Why are you closed and unable to deliver my order when your website says you'll deliver as long as an order is placed by 12am?!". The manager replied saying; "We actually close 5 minutes early, but I'm going to refund you."
A:
Bringing a lawsuit against Domino's under the Lanham Act for false advertising might be challenging in this particular scenario. While it can be frustrating to experience a discrepancy between their advertised policy and the actual service you received, the Lanham Act primarily deals with false advertising related to competition and commercial harm.
In your case, it seems that the issue was more about a specific location's operational policy rather than a widespread false advertising campaign. To pursue a successful case under the Lanham Act, you would typically need to prove that Domino's false advertising caused you harm and that their actions had an impact on the marketplace.
However, if you believe that this incident has caused you significant financial or emotional distress, you could consult with an attorney to discuss your options. They can assess the specifics of your situation and advise you on whether there might be a viable legal claim, such as breach of contract or consumer protection laws, that could be pursued against the specific Domino's location involved. It's essential to seek legal advice tailored to your unique circumstances before proceeding with any legal action.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
