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Andrea, Esq.
Andrea, Esq., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 11633
Experience:  25 yrs. of experience in employment law, real estate and business law, family law, criminal defense and immigration.
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what rights do consumers have when receiving items unassembled

Resolved Question:

what rights do consumers have when receiving items unassembled without any prior knowledge that the items would be received that way?
Submitted: 9 months ago.
Category: Consumer Protection Law
Expert:  Andrea, Esq. replied 9 months ago.

Hi, my name is XXXXX XXXXX I will do my very best to help,

 

 

Please be kind enough to number your answers to correspond with the questions, Thank you,

 

 

1. Did you order the chairs from a mail order catalogue, or internet ?

 

2. What is the name of the company from which you ordered the chairs ?

 

3. If so, were there pictures of the chairs and how were the chairs described ?

 

4. There was nothing to indicate that the chairs would arrive unassembled ?

 

5. How were the chairs described

 

 

Customer: replied 9 months ago.
I ordered the chairs from Joss & Main on the internet
The chairs were pictured and materials and dimensions were described
No indication that the chairs would be unassembled

Please let me know if I will be charged more than $38
Customer: replied 9 months ago.
still waiting for reply to my answer---I thought I would get an answer in 15 minutes
Expert:  Andrea, Esq. replied 9 months ago.

Thank you for your reply,

 

We do not have access to customer's accounts, but charged only for the amount he authorized and it does not cost you anything additional to leave a positive rating for me.

 

You asked,

 

"what rights do consumers have when receiving items unassembled without any prior knowledge that the items would be received that way?"

 

 

Answer

 

There is no specific law or Statute that addresses the exact issue of merchandise delivered unassembled to the consumer. This issue would be governed by false and deceptive advertising and false and deceptive business practices. A failure to disclose a material fact to a consumer is just as deceptive as making a false statement or misrepresenting merchandise in their description.

 

If Joss & Main did not disclose that the chairs would be delivered unassembled, then they failed to disclose a material fact about the chairs and how you would be receiving the chairs and that you would have to assemble them. They are in violation of the Massachusetts Unfair and Deceptive Trade Practices Act. Where a merchant's engages in deceptive advertising such as showing the chairs in photographs as fully assembled, it does not matter whether or not the merchant has a return policy or not; They will have to take them back if you do not want them.

 

If you want to return the chairs, inform Joss & Main by Certified letter, Return Receipt Requested. If they refuse to accept the return of the chairs, you should report them and file a formal Complaint against them with the Federal Trade Commission ("FTC"). They are the Federal agency that acts as the consumers' "watchdog" and they have the power and authority to investigate ad prosecute them. You can file your formal Complaint on their Official website,

 

http://www.ftc.gov/



You should also file a formal Complaint with the Massachusetts Attorney General,

 

http://www.mass.gov/ago/

 

The Attorney General also has the power and authority to investigate, prosecute, and fine them, but more importantly, the Office of the Attorney General can prevent them from doing any business with Massachusetts residents,

 

 

Please be kind enough to rate Excellent Service" so that I receive credit for assisting you, it will not cost you anything additional to leave a positive rating, and that is the only way I can receive credit, Thank you for understanding,

 

If you receive a Customer Satisfaction Survey from JustAnswer, Please rate a 10 as it gives me a greater opportunity to assist other customers on this website and is greatly appreciated,

 

 

Thank you for allowing me the opportunity to assist you,

 

ANDREA

 

 

 

 

 

Andrea, Esq., Lawyer
Satisfied Customers: 11633
Experience: 25 yrs. of experience in employment law, real estate and business law, family law, criminal defense and immigration.
Andrea, Esq. and 4 other Consumer Protection Law Specialists are ready to help you

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