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Dwayne B.
Dwayne B., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 32729
Experience:  Practicing for over 20 years and handled many cases and trials for consumers.
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We sell photo booth machines in USA and we sold one to a

Customer Question

We sell photo booth machines in USA and we sold one to a client in CA in 2014 (we are in NY) and it was delivered in January 2015 - cost was $6500 and they paid with Discover Card;
18 months later nearly two years after the purchase we get a call from Discover and they have the purchaser on the line -- did not tell us and the purchaser s claiming the printer broke down and we did not fix it for her and she says other parts don't work too! - She is trying to get a full refund nearly two years later - our return policy is 10 days - anyway - we felt it very odd that discover would have a person on the phone and call us - the purchaser then went onto lie - we have never denied anyone repair or replacement under warranty but her machine is now out of warranty as warranty is one year on parts;
Can Discover take back the full amount?...surely not - the guy from discover said he would call back Wednesday and would not give us a email address so we could send evidence to him - please help
Submitted: 7 months ago.
Category: Consumer Protection Law
Expert:  Dwayne B. replied 7 months ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

Is there a specific written warranty given? Is the 10 day warranty in writing?

Customer: replied 7 months ago.
the warranty is n writing it was in the paperwork sent with the booth
Customer: replied 7 months ago.
it is a 10 day return policy from date of receiving it and then 1 year warranty on parts except printer which has a three year warranty
Expert:  Dwayne B. replied 7 months ago.

There are actually two issues here. The first with the customer and the second with Discovery.

As to the customer, you have a minor problem in that you can't really bind a customer to a warranty that they didn't have access to prior to the purchase. However, you can make the argument that they could have returned the machine at that point and you would have given them a full refund.

An "express warranty" is one that is written out and explained in detail. An "implied warranty" is one that is based on a reasonable person standard and just means that a warranty is what a reasonable person would think it was under the same circumstances or what is normal in the industry.

Their lawyer will likely argue that instead, the failure to provide a warranty prior to the purchase means that there is no "express warranty" and therefore it is based on a "reasonable" standard. I don't know what your specific judge would do in a case like that but your lawyer can likely tell you since they will know that specific judge. Most judges that I've been in front of , and that's a lot, would likely say that it just meant they could have returned the photo booth at that time and you would have had to give them a full refund. However, you also want to look to see if any materials you send them, your website description (f you have one), etc. has info on the warranty because if it does then they can no longer argue they didn't have access to it.

As to the Discover issue, what they can and can't do will depend on your agreement with them or your credit card processor. Most of those say that the credit card company reserves the right to be the ultimate arbitrator (decision maker) in disputes so they could, in that kind of contract, give them customer a 100% refund. You could still pursue the customer since a credit card company issuing a refund doesn't mean that you were in the wrong legally, it just means they decided they wanted to give a refund. You need to get a copy of your agreement with them and then let a local lawyer review it as well.

At this point the best course of action is to get all of your paperwork together and let the lawyer write a letter to Discover and to the customer telling them your position, explaining the warranty, explaining the law on "express warrranties" and then explaining what you will sue for if it becomes necessary.

If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a Positive Rating so I receive credit for my work.

Of course, please feel free to ask any follow up questions in this thread. I want to be sure that all of your questions are answered. In addition, once you issue your Positive Rating the question will lock open and no longer time out so you can come back to it anytime in the future if you think of any follow ups.

Customer: replied 7 months ago.
this is 1 year and 7 months AFTER they purchased the machine and have used it and have not contacted us about the printer issue and I know they are lying to try to get money back because they have failed in business - is there not a statute of limitations or how can someone do this after having a product and using it after nearly two years?
Expert:  Dwayne B. replied 7 months ago.

Yes, but the statute of limitations on a case like this is six years.

It may not hae een been discover calling, in rading your facts it could have been someone pretern

Expert:  Dwayne B. replied 7 months ago.

It may not have been Discover calling, it could have been someone the customer knew calling to try and convince you to give them their money back.

I think you have a strong case and you should win any lawsuit, You need to take an aggressive approach right now, hire a lawyer and end that letter I discussed earlier to get the to back off. If you have to sue then sue both Discover and the customer.

I am just about to sign off for the evening but you can still ask additional follow ups.

I do need you to start considering issuing a Positive Rating soon so the question doesn't time out. As I know your question has been answered I'd also offer my best wishes to you and ask that you please not forget to leave a Positive Rating so I receive credit for my work.

Of course, please feel free to ask any follow up questions in this thread. I want to be sure that all of your questions are answered. In addition, once you issue your Positive Rating the question will lock open and no longer time out so you can come back to it anytime in the future if you think of any follow ups.

Customer: replied 7 months ago.
we checked the number and it was discover calling
Expert:  Dwayne B. replied 7 months ago.

All right.

The above information is the correct way to handle the case based on the facts.

You will ultimately win the case although, as I said, your argument with Discover is something different.

Best wishes to you and please don't forget to leave a Positive Rating so I receive credit for my work.