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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Business Law
Satisfied Customers: 110540
Experience:  All corporate law, including non-profits and charitable fraternal organizations.
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I recently had to pay for two batteries. The total price

Customer Question

I recently had to pay for two batteries. The total price also included a core cost for the old batteries which was taken out by a employee at the parts store I bought the batteries. They kept the old batteries but still charged me for them. Would this be a FTC issue? Where would you advise me to go since the store now refuses to refund me?
Submitted: 2 months ago.
Category: Business Law
Expert:  Law Educator, Esq. replied 2 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Under MO law, there is a core fee or disposal fee for the disposal of lead acid batteries. So what they are doing is legal, they have to charge the core charge by state laws to dispose of the batteries. See: MO Rev. Statute 260.262. So it would not be an illegal charge and not an FTC issue, since the retailer has to dispose of those batteries properly in accordance with environmental safety regulations and cannot just put them in the trash, they are handled as hazardous materials.
Customer: replied 2 months ago.
I used to work for this company. There is a state charge of .50 for disposing of the battery. What I was talking about is when you don't have an exchange (core) for the new one you are buying. They charge $18 per battery more for not have exchange batteries.
Expert:  Law Educator, Esq. replied 2 months ago.
Thank you for your reply.
If they are charging more than the state allowed charge, then it is an issue to complain to the State Attorney General regarding the over charge and then if they cannot resolve the issue, you could sue in small claims court for the excessive charges they are charging.

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