Fraud is where one party makes a false statement of fact, knowing that the statement is false and intending the second party to rely upon the false statement, and then the second party does actually rely upon the statement and suffers damages. If a merchant gets you to buy something by telling you something false, then you may be able to cancel the sale and get your money back, or get actual damages of what you may have lost. The problem is that this kind of case involving tires is only a small amount of money generally not sufficient to file a law suit. Depending upon the facts, other statutes might be able to be applied, such as the Florida Unfair and Deceptive Trade Practices Act (FUDTPA). However, your best option may be to complain to the Florida Division of Consumer Services: http://www.freshfromflorida.com/Divisions-Offices/Consumer-Services, or the Better Business Bureau. You file the complaint, and then they take it from there.
Answered on Dec 10th, 2013 at 2:11 PM