Ask a Business Lawyer. Get Business Law Questions Answered ASAP.
Good morning. Yes, you have the right to cancel it if the company tried to deal with you in a deceptive way by sending you a used mattress. If this does not get cancelled through VISA or through the company, here's what you should do..... Send a certified, return receipt requested letter demanding that your money be refunded to you within a short specified period of time. Inform them that if your demand is not timely complied with, you will have no choice but to file a claim for the return of your money. Be sure to specifically mention that you will be filing this claim as a deceptive trade practice action, which will entitle you not only to the return of your money, but also an additional amount equal to 3 times that as punitive damages for their deceptive action of delivering a used mattress when you purchased a new one. That should provide plenty of incentive to comply with your demands; but, if it does not, file your suit.
I hope this has given you the guidance you were seeking. I wish you the best of luck!
If you have a follow-up question, please remember that there might be a delay between your follow up questions and my answers because I may be helping other clients or taking a break.
If I have adequately answered your question, even though the answer might not have been the one for which you hoped, I would appreciate it if you would please click the GREEN ACCEPT button so that I receive credit for my work; otherwise, though you have made a deposit, I do not receive credit.
If you need additional clarification on this question after clicking ACCEPT, please do not hesitate to click Reply and I will be happy to do what I can to help you further. Thanks for allowing me to be of service to you.
The information given here is not legal advice. As all states have different intricacies in their laws, the information given is general only. This communication does not establish an attorney-client relationship with you. I hope this answer has been helpful to you.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).