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LegalGems
LegalGems, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 7401
Experience:  Research Attorney; Private Practice; Attorney Mentor; Mediator
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Doers a misrepresented living room Couch (was told couch was

Customer Question

Doers a misrepresented living room Couch (was told couch was all leather when in fact parts were vinyl that has cracked) qualify for small claims in KY. We also bought a 5 year extended plan.
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  LegalGems replied 1 year ago.

What was the value of the couch when purchased?

Customer: replied 1 year ago.
approx. $2800
Expert:  LegalGems replied 1 year ago.

Thank you; a few minutes please.

Customer: replied 1 year ago.
We wouldn't have bought had we known parts were not leather. now we have places that have cracked severely
Expert:  LegalGems replied 1 year ago.

The maximum amount for small claims is $1500; one can reduce their claim for that amount to qualify, but that's a rather large price difference. One can also sue for cost of repair - so if the couch can be repaired for under 1500 that would be an option; otherwise one would need to sue in district court. http://kyjustice.org/node/1859

However, sometimes it is not necessary to sue in small claims- I just saw your post; so the repair is likely not an option; one moment please -i'm looking into something.

Customer: replied 1 year ago.
OK Waiting for a reply
Expert:  LegalGems replied 1 year ago.

KY has an unfair and deceptive business practices act; specific statute below:

367.170 Unlawful acts. (1) Unfair, false, misleading, or deceptive acts or practices in the conduct of any trade or commerce are hereby declared unlawful. (2) For the purposes of this section, unfair shall be construed to mean unconscionable.

The penalties are quite steep- per 367.990 (2): $2000-10000 in fines:

In any action brought under KRS 367.190, if the court finds that a person is willfully using or has willfully used a method, act, or practice declared unlawful by KRS 367.170, the Attorney General, upon petition to the court, may recover, on behalf of the Commonwealth, a civil penalty of not more than two thousand dollars ($2,000) per violation, or where the defendant's conduct is directed at a person aged sixty (60) or older, a civil penalty of not more than ten thousand dollars ($10,000) per violation, if the trier of fact determines that the defendant knew or should have known that the person aged sixty (60) or older is substantially more vulnerable than other members of the public.

So one can report this to the attorney general; but can also send a demand letter. I'll hit return so you can review this.

Expert:  LegalGems replied 1 year ago.

So if a demand letter is sent citing the Unfair and Deceptive Business Practices Act, mentioning the misrepresentations (pictures included) stating that one will pursue their legal remedies should restitution not be forthcoming (typically 5-10 business days), the company has a motive to settle because of the steep fines.

Expert:  LegalGems replied 1 year ago.

Please let me know if you would like me to attempt to locate a non copyrighted demand letter to use as a template.

Expert:  LegalGems replied 1 year ago.

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Here is a link to locate an attorney:
http://apps.americanbar.org/legalservices/findlegalhelp/home.cfm

Should you have further questions please post here to continue our dialogue. Otherwise,

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