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CalAttorney2
CalAttorney2, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 10237
Experience:  I am a civil litigation attorney representing individuals and businesses.
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I purchased an "as is" refrigerator from Menards in Waukesha

Customer Question

I purchased an "as is" refrigerator from Menards in Waukesha WI, when It was delivered I saw that the doors were warped and there was a large dent in the side(none of this was visible under their lighting system )
I was to pay a discounted price, but I was charged the full price for the refrigerator.
I have tried unsuccessfully to speak with some one regarding my concerns .
I have had two different repair companies at my home, both took pictures and admitted to me that "frankly nothing will be done with the pictures"
I have contacted the manager of the store, another person was referred to me of whom knew nothing about the situation, I was then told to contact "customer care" department, explaining my plight AGAIN, for the second time it took her three weeks to get back to me.
She disallowed the difference and said ,that was the price.
When I tried to contact this person in their corporate office, it was a recording and it did not allow me to leave a message.
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  CalAttorney2 replied 1 year ago.

I am sorry to learn of the situation.

You can try using the BBB to resolve your dispute (it is fast, free to you, and can be effective - all BBB disputes result in a public listing of the dispute and companies try to maintain their reputation on the site): bbb.org/consumer-complaints/file-a-complaint/get-started

You can sue them in small claims court. The "as is" condition is probably going to prevent liability re: the condition of the refrigerator, however, depending on the specifics of how you went from paying a discount to full price for the item may be an issue. If you can show that you were defrauded in some way you may be able to claim breach of contract or fraud. See generally: https://www.wicourts.gov/publications/guides/smallclaimsguide.htm

Short of filing a lawsuit, you can try to mediate the dispute with them - contact your local bar association and request referrals to mediators, a third party neutral can often help you reach a mutually agreeable resolution. Use the bar association's referrals to contact a mediator or two, the mediator will then contact the other party to set up a mediation session, and you can go from there - hopefully resulting in a formal or written settlement agreement, and save yourself the time and expense of litigation.

You can also report the matter to the Wisconsin Attorney General. The AG's Office does not prosecute individual claims (so they will not get your money back for you), but they do initiate administrative and criminal enforcement against fraudulent business practices. See: http://www.doj.state.wi.us/dls/consumer-protection/how-file-complaint

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