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
Is there a specific law that addresses this?
I was asking because I don't see how the two are connected. Even though I'm asking, I don't quite "get" it.
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.
Sorry, one last thing , 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.
Sorry, one last thing , 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.
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).