Still don't agree. In my opinion, even if someone had signed up without seeing the web site ad, just the fact that it was there validates their sign-up and makes it a pubic offer rather than a targeted offer. As a public offer it has been made available to anyone.
So when is a public offer...a public offer? And yes I am playing a bit of the Devil's Advocate here.
Ok...so lets say a butcher shop puts a sign in it's window for 30 minutes:
T-Bone Steak $2.39 /kg.
Butcher then realises it was a mistake (was meant to be$23.90).
Butcher serves anyone in the shop who asks for it at $2.39......
One of those people (Mr A) tells a mate of the unbelievable deal he got on T-Bone steak at Bill the Buthers.
So Mr B goes in that afternoon for hois $2.39/kg T-Bones and is said sorry. That deal price is not available.
Now Mr B never actually saw the sign...but demands the cheaper price and tells the butcher he saw the sign and so wants the cheap steak.
Can Mr B get the price of $2.39 just because Mr A saw the original sign?
Common Sense would dictate that with Amex having sent out 3 different postcarded offers that to post the most generous offer on it's website was clearly a stuff up on it's part as why would you have the two less generous offers?. It clearly should not have been there.
The unknown is how binding should a genuine mistake be?
For those that genuinely saw it directly IMO Amex should honour it.
For others personally I think Amex has no need too as it was mistakenly put up and then withdrawn.
I went into Target the other day....and at the register there was a small sign stating that mistake had been made in their recent catalague and the the price should be xx rather than yy.
Now the original catalgoue was a public offer widely circulated via post.
I regularly see such retractions post newspaper ads, tv ads and other catalogues.
Are those stores acting illegally?
I suspect that until they notify in some way of the mistake that they are hnour bound, and probably legally obliged to sell the item at that price. But once they have notified of the change then I would imagine they are not.
With this promo I would imagine the nub of it will be when did it notify of the change for those that it had accepted into the promo by internet or phone registration.
Amex has drawn one date. Some might succesfully argue that this a bit before the actual amended T&C (and hence notification) appeared.
The other big question for me is that for those cardmembers
whom Amex registered for more than one bonus, does it have the legal right put them onto a bonus which is not the most attractive of the 2 or more that they signed up for?