Consumer Protection Law
Consumer Protection Law Questions? Ask a Lawyer Now.
Do you have the records of their instructions to mail the CDs to them, the promise to provide you with a code for the game, and the signed receipt of delivery?
What state are you in?
YES I HAVE THE E-MAIL WITH THE ADDRESS I WAS TOLD TO MAIL THEM TOO
I LIVE IN ARNOLD MO.
I understand your frustration, no one likes to be mistreated or to lose money. When a company sells a product both the company and the retailer have a warranty that the product is fit for the purpose for which it is sold, for example, a chair someone buys is safe to sit on and a computer CD will work as a game or program. Also, where a company or person says to another that if they will do something, such as return an item and then they will exchange it, then that can become a contract. So, in either case, or in both cases, a consumer may pursue court action, through small claims to seek delivery of good product or a refund.
However, as court costs may sometimes exceed the compensation a person is seeking, where a consumer purchase is involved consumers may sometimes seek assistance from their state's Attorney General's office, which normally has a consumer protection division. In MO the Attorney General's Office of Consumer Protection can be contacted here. By contacting their state Attorneys General consumers may obtain free assistance with a seller or manufacturer who does not follow state consumer sales laws regarding warranties, product replacements, or keeping agreements with consumers. You can discuss your problems with the AGs office and let them know the documentation you have (they may ask for copies) and they may be able to resolve this with the manufacturer. Because state AGs may pursue criminal charges against sellers/manufacturers who violate state consumer sales laws sellers/manufacturers may sometimes be more willing to resolve conflicts.
When a seller, store, or manufacturer offers or enters into a state to sell their goods that normally means they have what is known as "sufficient minimum contacts" for the state of the consumer to have jurisdiction over them. You may want to begin with your state's Attorney General as your state of residence, as the consumer, will likely mean the company must abide by MO laws. You can also speak about this to your AG to verify.
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