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CalAttorney2
CalAttorney2, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 10236
Experience:  I am a civil litigation attorney representing individuals and businesses.
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I purchased a new PC from Amazon. It will not tun on. Amazon

Customer Question

I purchased a new PC from Amazon. It will not tun on. Amazon said the seller has a no return policy and to contact the manufacturer of the HP all -in one PC. I did this and they said to return it to Amazon. I also filed a claim with the seller which states pending seller approval for return. Amazon keeps stating that he seller has a no return policy. Meanwhile, I have a new Pc that will not turn on. I even tried troubleshooting with HP, the manufacturer, who stated it was defective. What can I do from here?
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  CalAttorney2 replied 1 year ago.

Dear Customer,

I am sorry to learn of this situation. Unfortunately with internet sales, consumers are at a bit of a disadvantage when it comes to resolving disputes.

You can still try a couple of different remedies (beyond what you have done already, although I would still recommend continuing to follow up with Amazon's dispute process - please do note, they do not warranty or offer return policies for products sold by third party vendors, they are only a marketplace for those items - so they will not offer you a direct remedy, but they may further assist you with resolving your dispute if you continue to contact them).

There is a series of escalating things you can do to deal with this situation. (Again I do understand you have already done some of these things, but I am including each of them here so that you have them in one place).

  • *First: start with the company's customer service and dispute the claim. Keep your complaint in writing. If you speak to someone by phone, follow up promptly with a "confirmation letter" (see my note below).
  • *Second: (you can do this at the same time), if you paid by credit card (not debit card) you can open a dispute with your credit card carrier (follow the instructions with your credit card company). (Some banks do allow for charge disputes on your debit card - but not all, the laws are not the same and debit card purchases do not have the same protections, if you paid by debit card, contact your bank and see if they do have dispute resolution remedies).
  • *Third: open a dispute with the BBB. The BBB offers consumer dispute resolution that is fast, free to consumers, and is usually effective, they have no enforcement authority, but all BBB disputes result in a public report regarding resolution so businesses do respond to them. You can open a BBB dispute here: bbb.org/consumer-complaints/file-a-complaint/get-started
  • *Fourth: if you believe that the company is acting fraudulently (not just charging high rates), you can report them to the state Attorney General. The AG's office does not prosecute individual claims (so they will not get your money back for you), but they will investigate and potentially take administrative and/or criminal action against the company.
  • *Finally: you can file a small claims action against them for breach of contract. Small claims actions take approximately 3-8 months to go to trial. There is no guarantee of success in these disputes, but filing a small claims action does open an opportunity to negotiate a resolution (in addition to the above opportunities and can lead to mediation - many courts offer mediation programs for their small claims docket).

Confirmation letters: Keep written records of all communications - so if you speak to someone by phone, promptly send a follow up "confirmation letter" summarizing your conversation, who you spoke to, when, and any agreements you reached. Keep copies of your outgoing correspondence, as well as anything that you receive.

I wish you the best of luck with this dispute, and hopefully a speedy resolution.

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