"Here are the keys to your new car"

"Where are the wheels?"

"Well... we delivered most of what was purchased so you don't get to complain."

Good example. If you bought a $40k car and it didn't come with wheels, the damages would be the amount to remedy the missing wheels, not $40k.

A better analogy would be if the car didn't come with airbags, but even that is not as good because you have no way of knowing if someone listened into your conversations whereas airbags let you know just fine.

Ford once paid $300M for a faulty airbags thing, but that was negligence whereas this is fraud. Of course this isn't a lethal risk.

I would think the case would have legs. Haven't a clue how much for.

I don't think the example vindicates you in the manner you believe. The damages would surely exceed the missing wheels if resolved in the courtroom.

Regardless, it wouldn't be a full refund, which is my point.

Could well be much more than that, if i have proof that you did it knowingly and systemically.