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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Consumer Protection Law
Satisfied Customers: 12809
Experience:  B.A.; M.B.A.; J.D.
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Just curious - I purchased a Nutra Sonic skincare system in

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Just curious - I purchased a Nutra Sonic skincare system in 2011 that doesn't work. i called the company to get help and was told they no longer sell the item due to losing a case (Law360, New York (September 14, 2012, 2:00 PM ET) -- A federal jury in Seattle awarded L'Oreal USA Inc. subsidiary Pacific Bioscience Laboratories Inc. $11.6 million Wednesday in a patent case accusing Nutra Luxe MD LLC of selling knockoff versions of PBL's anti-acne Clarisonic skin cleansing brush.)

Does the fact that they lost this case put me in any position to get my money back or a replacement unit?
Submitted: 12 months ago.
Category: Consumer Protection Law
Expert:  Phillips Esq. replied 12 months ago.
Thank you for giving me the opportunity to assist you. Kindly use CONTINUE or REPLY button to ask for clarification or follow-up questions.



Just curious - I purchased a Nutra Sonic skincare system in 2011 that doesn't work. i called the company to get help and was told they no longer sell the item due to losing a case (Law360, New York (September 14, 2012, 2:00 PM ET) -- A federal jury in Seattle awarded L'Oreal USA Inc. subsidiary Pacific Bioscience Laboratories Inc. $11.6 million Wednesday in a patent case accusing Nutra Luxe MD LLC of selling knockoff versions of PBL's anti-acne Clarisonic skin cleansing brush.)

Does the fact that they lost this case put me in any position to get my money back or a replacement unit?


Response
: Yes, it does. However, your remedy is limited to getting your money back. You cannot get a replacement unit from the company since they can no longer sell the unit. If the company refuses to issue a refund to you, you can file small claim against them:



http://www.nycourts.gov/courts/nyc/smallclaims/startingcase.shtml

Customer: replied 12 months ago.

Is there a specific law that addresses this?

Expert:  Phillips Esq. replied 12 months ago.
There is no specific law that addresses your issue. I answered your question based on my over 14 years of assisting consumers with issues similar to yours.
Phillips Esq., Attorney-at-Law
Satisfied Customers: 12809
Experience: B.A.; M.B.A.; J.D.
Phillips Esq. and 4 other Consumer Protection Law Specialists are ready to help you
Customer: replied 12 months ago.

I was asking because I don't see how the two are connected. Even though I'm asking, I don't quite "get" it.

Expert:  Phillips Esq. replied 12 months ago.

Hello: If you purchase an item and it does not work as advertised, the seller must repair, replace it, or refund your money. Since the seller cannot repair or replace it, the only thing left is the refund part. If the seller refuses to refund, then lawsuit is the final option.

Customer: replied 12 months ago.

Sorry, one last thing Laughing, this was bought through HSN in 2011 and not from the company directly. The company is saying that they can't do anything because of the one year warranty. I said, "Usually, as with anything, warranties make it free but afterwards you have to pay. You are unable to do anything, not because of the warranty, but because of the lawsuit and discontinuation of the product." Am I correct? They are refusing the refund.

Expert:  Phillips Esq. replied 12 months ago.

Sorry, one last thing Laughing, this was bought through HSN in 2011 and not from the company directly. The company is saying that they can't do anything because of the one year warranty. I said, "Usually, as with anything, warranties make it free but afterwards you have to pay. You are unable to do anything, not because of the warranty, but because of the lawsuit and discontinuation of the product." Am I correct? They are refusing the refund.


Response: Oh, that changes everything. As a frequent purchaser from HSN, I can tell you that HSN has 30-day refund policy. This is written on HSN's website. So, HSN does not have any legal obligation to issue refund to you after the 30-day period is up. However, sometimes, if you are persistent and speak with a supervisor, HSN may give you "Spendable Cash," which is similar to a store credit that you can use for future purchase.


Let me know if you still need additional clarification.

Phillips Esq., Attorney-at-Law
Satisfied Customers: 12809
Experience: B.A.; M.B.A.; J.D.
Phillips Esq. and 4 other Consumer Protection Law Specialists are ready to help you

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