I don't see why you're considering formal legal action at this point. Can't you just have one of these attorneys (or hire your own) who has looked at this write the MSC a letter (you'd pay them for doing so, of course, or offer to), pointing out the discrepancy between the written guidelines and what they now say the guidelines mean? Citing both the applicable sections and your correspondence with the scheduler. Court action isn't always necessary in order to get what's due you.
I'm sure you're right in that the guidelines were poorly written--it happens all the time. I've seen guidelines that "said" exactly the opposite of what they meant! (I don't understand why many shoppers are always so skeptical about this--must be they've "never" run into incompetently written guidelines and questionnaires!) But, IMO anyway, it seems like you're a way from needing to bring formal suit. My husband and I, together and individually, have had contract situations in which the other party has failed to perform. (Not mystery-shopping related.) A well-written letter, backed up properly by law, can sometimes get results. My husband had an issue where the language of an employment contract was contradictory. I talked to my ex-husband, who's an attorney, got his opinion, and my husband talked to his employer. They paid up, based on the just the phone call. In two other cases, I had to write letters to people for contract non-performance, explaining that I had already spoken to my attorney (which I had) and that I would pursue legal action if they didn't fulfill their obligations. In both cases, the other parties did what they were supposed to do. And quickly!
Of course, they're gonna fight with
you over this, but if they know that you're consulting with an attorney, and that attorney can write a good letter, with proper legal basis, it might be a different matter. I'm surprised, actually, that all of these attorneys you know haven't suggested or offered that option. Avoiding court is usually preferable if a settlement can be reached privately.
Good luck! And, personally, I wouldn't just drop it. It's easy for people to tell you it's not worth it--they don't know how much money was involved and if you can afford to be out of pocket. But, regardless, the MSC was apparently in the wrong, and you shouldn't be penalized for it. It's ludicrous for them to say you "should have known" what the guidelines meant, especially if, on the surface, they were clear. And again, I'm sure they probably were.
And don't let folks here get to you. None of us needs to know the MSC, the exact wording of the guidelines in question, the amount of $$ involved, etc. If every detail isn't provided, some people here don't believe a fellow shopper. They think people are lying unless they provide every minute detail. And some folks apparently can't conceive of a case in which an instruction was written the opposite of how it should have been. Or that someone who's a new member here has as much as experience as he or she states. Newbies here are sometimes assumed to be newbies to the business.
I learn something new every day, but not everyday!
I've learned to never trust spell-check or my phone's auto-fill feature.
Edited 2 time(s). Last edit at 07/14/2016 02:14PM by BirdyC.