Consumer Protection Law
Consumer Protection Law Questions? Ask a Lawyer Now.
Hi! LegalGems here. I have extensive consumer law experience and will use this to assist you with your issue today. I am so sorry to hear this. That is a horribly sad and frustrating story. The good news is that California law requires the return policy to be posted at both entrance/exit of the store,in a conspicuous manner. If they failed to do this, then a refund is required. California Civil Code 1723. If they fail to provide a refund, you can file a complaint with the attorney general's office, or you can sue them in small claims court. Small claims information is accessible here: http://www.courts.ca.gov/selfhelp-smallclaims.htm and the AG's office is located here: http://oag.ca.gov/
So doesn't an exchange void the final sale policy, it doesn't say no refunds.
Final sale would imply no exchanges, no refunds. The thing is - it's void if they did not have proper posting. Merely stating it on a receipt is not adequate.
One could argue that they acquiesced, by virtue of permitting an exchange; but if a stronger position would be that it was never a valid policy in the first place.
Ill be right back,im just finishing dinner
No worries. I'll wait.
Im not sure about the signs. I think I did see one on the counter where you pay.
Since the credit card company isn't going to follow through with the dispute, what are my options?
Here's an excerpt from the AG's office: "The policy must be displayed either at each entrance to the store, at each cash register and sales counter, on tags attached to each item, or on the company's order forms, if any. A return policy printed only on a receipt, for example, is not sufficient."
There should be a clear law than there is. Putting the policy on a receipt that you must sign anyway seems decieving
It needs to be conspicuous, so if the store did comply with all the signage requirement but the receipt was in "tiny" type (in relation to the rest of the receipt) then it is not conspicuous.
The dress is still there. I bought a dress from there as well. It was not printed on the reciept
It is in upper case on the rec'pt
what does AG stand for?
Your options are to sue them for violating the return policy, notifying the AG's office and filing a complaint (their involvement depends on number of complaints received though), contacting the BBB as they have a mediation program. You are in California - the small claims limit is $10,000 and they offer free mediation. -sorry Attorney General
Where do I go to read what you are reading from?
One would think just from a goodwill perspective they would work with you on this...
Let me get you that- I just found it a moment ago when I was skimming through the complaint process.
I haven't spoken to anyone yet. We played phone tag all of last week and the wedding was this weekend . Im just now getting back to the problem
I want to be educated about this before I speak to their customer service, It just seems dishonest to make someone pay when they didn't have the right dress in the store to make a decision on
I see. You may want to fax a letter over to the owner detailing the situation (the owner of that particular store since it sounds like a franchise); then perhaps to the headquarters of the franchise.
As far as the issue of having customers sign the receipt with the return policy- that actually is not entrapment as the customer still has a choice to walk away from the transaction. The reason it cannot just be on the receipt though is because most people don't read the receipt!
ok. I think they are connected and just trying to discourage me to go further with this
You can find out by googling it; but also the secretary of state lists the person authorized to accept service on behalf of the store. Let me check something.
ok. I will check the location of their signs and go from there. I appreciate your info. Thank you nicely
You're welcome-can you hold on a moment?
I can't get any results on the secretary's webpage - I'm not sure if it's my computer or their system- but you can try it on yours: http://kepler.sos.ca.gov/ Under Business Search, it will list the person authorized to accept service of process (legal matters) - they will be able to tell you if the stores are individually owned, that way you can go to the person in charge, rather than dealing with a clerk that probably does not have a whole lot of authority.
Ok. Thanks.Can I save this chat page for future reference?
Yes, when you close the chat there should be a "save" option; otherwise you can copy and paste it into a word doc; or you can copy the URL and come back here at your leisure (or link from your email as the site sends the customer occasional emails).
ASgain, thank you so much
You are welcome. I'm glad you waited til after the wedding to deal with this! Good luck on taking care of all this.