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CalAttorney2, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 10221
Experience:  I am a civil litigation attorney representing individuals and businesses.
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Purchased bed from BRICK last month. bed arrived broken.

Customer Question

purchased bed from BRICK last month. bed arrived broken. contacted store, asked for p/u and refund. their policy is 3 days to return a product. it was day 4 when i contacted BRICK.
four e-mails later to their 'help desk' and i have had no response at all. i was disillusioned and heartbroken when the bed arrived broken. the joy of the purchase was zapped right out of me. customer service @ store and online SUCK! like i said - no response whatsoever.
to me it seems simple they can have the bed, i can get money back. by not responding to my emails, am i to assume i am being told "too bad about your luck"?
Submitted: 5 months ago.
Category: Consumer Protection Law
Expert:  CalAttorney2 replied 5 months ago.
Dear Customer,I am very sorry to learn of this situation.There is a series of escalating things you can do to deal with this situation.*First: This is the step you have already initiated 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:*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" (this can include things such as the emails to the help desk that you have been sending) 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.
Customer: replied 5 months ago.
thank you. i thought of the credit card thing. then thought would be too late. i'll give it a go. thought of bbb too. didn't know if my situation was too 'petty'. seems my ideas were ok. it is extremely difficult for me to stand up for myself. always think my situation isn't important enough. wondering if walking the street in front of their store carrying a sign indicating my dissatisfaction is legal? do i need a permit?
Expert:  CalAttorney2 replied 5 months ago.
Walking in front of the store is generally legal - however this becomes a more complex issue depending on how the store's property is owned and managed (this can be a complex first amendment free speech issue).I would recommend following through on the options I identified (you don't have to use all of them, and you don't have to go in order, but I use the order above to help keep them in a somewhat progressive and escalating manner and help conserve your resources).If you want to picket the store you can try that as well, but I don't know how effective that is going to be to reach your goal, it certainly would be unexpected for the store.

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