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Infolawyer
Infolawyer, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 53855
Experience:  Licensed attorney helping individuals and businesses.
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I need to know my next steps...I am being strong armed by a

Customer Question

Hi,
I need to know my next steps...I am being strong armed by a retailer that published misleading information, and gave me an email with false information prior to purchase. Additionally, the website Q&A confirms the false information. I am working through the BBB, and they have finally agreed to take the item back, but want to charge me a 25% restocking fee. On principle, I want to continue to fight this...but they are strong arming me by saying there "offer" to take the return expires in 10 days. Otherwise I will be stuck with an incomplete item.
I would appreciate some options here. I would never have purchased the item if they had given me the correct information PRIOR to purchase.
Thank you
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  Infolawyer replied 1 year ago.

are you asking for options to pursue a claim against the retailer?

Customer: replied 1 year ago.
Hi,
A Daybed was advertised for sale by unbeatablesale.com. The title of the item said "sides" but the description described a daybed.
I contacted unbeatablesale.com via email prior to purchase, asking them if I needed anything else to make a full bed? They confirmed via email prior to purchase that I only needed a link spring (part that holds up the mattress). I placed the order and when the item arrived it was only the sides. Through the BBB of New Jersey, the retailer has finally agreed to take the item back and pay the shipping..indicating that they are doing me a favor. They have also said they will charge a restocking fee of 25% ($86.85) and that their offer expires this Friday. I feel I have been intentionally misled to buy this item, and they are now charging me to send it back. I would like to know other avenues to make a claim against this retailer..or should I cut my losses and take their ultimatum?
Customer: replied 1 year ago.
I am attaching supporting documentation to show the entire story.Thank you,
Ed Danyo
Customer: replied 1 year ago.
Thank you!
Expert:  Infolawyer replied 1 year ago.

Settlement is suggested. You have a few options. Let me outline them. You can pursue a complaint in civil court. You may sue for losses suffered plus costs and interest. You can also file a complaint with the attorney general office. You can threaten these options before pursuing and use for leverage. local counsel can also get involved! martindale.com and findlaw.com are both excellent lookup directories. Both highly rated. Both used by lawyers. Easy to search and find local options. Good luck. Kindly rate the answer OK or higher.

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