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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 88726
Experience:  Attorney experienced in commercial litigation.
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I purchased an item through website,

Customer Question

I purchased an item through website, item arrived and happened to be not as described. Despite website administration being mediator, seller is refusing clear return/refund option. He is offering only refund minus a restoking 20% fees ( Item unused and unaltered $5000 jewelery item). it is being month with no solution. anything I can do?


I am in CA and he is in MA.

Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  Law Educator, Esq. replied 1 year ago.
MA has one of the strongest consumer protection laws in the US. Under MA General Laws Section 93A, you could subject them to up to triple damages plus attorney's fees for unfair and deceptive business practices if they did not sell you an item as they described it and thus committed misrepresentation. Under Section 93A you MUST send them a warning letter before you can sue for triple damages and attorney's fees.

Here is a sample 93A letter to send them. if they refuse to refund you for their misrepresented item, then you could seek to sue them for damages since they chose to do business in MA you would seek to have the MA laws applied against them when suing them under the choice of law rules in the state where they are located.


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Customer: replied 1 year ago.


Where do I find an attorney if I would choose to do that? Does ti mean that I will have to fly to MA for trial?

 

Person i was talking to is only his name known. He asked me to make checks to private name of woman but address is as buisiness. Do I make letter to Buisiness or to name of person i made checks out?

 

Expert:  Law Educator, Esq. replied 1 year ago.
You would not have to fly to MA for trial, you can get a consumer protection law attorney in MA to represent you. The MA bar association has a great referral service and you can also use the same sites used by other attorneys, http://www.martindale.com or http://www.lexmundi.com or http://www.hg.org

You would make the letter to BOTH the business and the person and when you sue you would sue both of them as well, since her name was on the check.
Customer: replied 1 year ago.


Is it better to get a lawyer for the letter? or start with the letter myself and then look for legal representation, if nothing happened for 30 days?

Expert:  Law Educator, Esq. replied 1 year ago.
You do not need a lawyer for the letter, save that money, since a lawyer will charge you $300-$500 for sending the letter you can send yourself and that is why the Attorney General's office makes sample letters available. Then if nothing happens in 30 days, look for an attorney and file suit.
Law Educator, Esq., Lawyer
Satisfied Customers: 88726
Experience: Attorney experienced in commercial litigation.
Law Educator, Esq. and 7 other Consumer Protection Law Specialists are ready to help you
Customer: replied 1 year ago.

Dear Paul, I started to write a letter and I encountered some problems: I couldn't find a MA registered business under this name and under this address. I do not have business owner nor negotiating person full names. They only mentioned on Facebook and selling jewelry on RubyLane.com under name "Beacon Hill Jewelers". T they received FedEx mail in "Boston Jewelry Mall" building in room #313..


Means for now i have some female name I had to make checks to, then her residential address on her personal check (which was $500 refund in attempt to settle my complain), name of "Beacon Hill Jewelers" I can't find as a legal business , bunch of emails under name "Evan" and his cell phone#, which given as a business phone on web and was used for communication.


Now almost month in dispute, today Ruby Lane mitigated that I can return an $5000 item for refund, but according their policy seller is entitled to restocking fee of 20% ( $1000) despite a fact that item was grossly misrepresented while advertised... ( is that ok? )


Suggestions? Thanks a lot!!!!!!


 

Expert:  Law Educator, Esq. replied 1 year ago.
He does not have to be a registered business if you prove that he is regularly conducting business in that name as an "unincorporated business entity" which would be a sole proprietorship. He is a DBA or sole proprietorship, either way you can prove he is engaging in business as Beacon Hill Jewelers and as such liable under 93A.

It is not okay for them to keep 20% if they are grossly misrepresenting products, since this would mean they are getting away with misrepresentation and getting $1000 for doing so. This is more than you not being satisfied with the product, it is them misrepresenting items they are selling and as such would be an unfair and deceptive practice under the MA general law.
Customer: replied 1 year ago.

I am an owner of my own business, but without a registration I HAD to use my name in the name of my business. I was told that it is a law. My bad. Guess it depends on state or just different now days...


 


1. To whom to address a letter or file a lawsuit if I have no full name of any person? RubyLane didn't answer to my request to provide names.


2. Do I object unfair RubyLane "final" decision or just deal with Jewelry Store now on?


 


Hope it would be all...I appreciate your answers a lot. Have a nice weekend.


 

Expert:  Law Educator, Esq. replied 1 year ago.
You would address it to the woman's name and also Beacon Hill Jewelry. In the event of suing, you would sue the woman by name and also "john doe" DBA Beacon Hill Jewelery.

You can do both, object to Ruby Lane's final decision in writing and also pursue the jewelry store as well.

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