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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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I asked for a replacement or refund on a product under the

Customer Question

I asked for a replacement or refund on a product under the magnusson moss act, a product that had been in the shop since may 24th, instead of answering that request they installed a new part that was lesser. I received the product back 2 days ago and they gave me a lesser level of product even while all publications and websites of theirs states that in a substitution you will get a equal or greater level of product in return.
Submitted: 28 days ago.
Category: Consumer Protection Law
Expert:  CalAttorney2 replied 28 days ago.

Hello, My name is ***** ***** I will assist you today. Please give me a few minutes to write a response and identify any additional resources for you.

Expert:  CalAttorney2 replied 28 days ago.

Dear Customer,

There are a series of steps you can use to try to deal with these businesses in a way to at least get some resolution. You do not need to do each of these, and some you may have already done (such as written to their customer service department), but I provide you with the following as an outline because it gives you a methodical way of going through this in steps so that you can address this in a cost effective manner.

  • *First: start with the company's customer service and dispute the replaced item. Keep your complaint in writing. If you speak to someone by phone, follow up promptly with a "confirmation letter" (see my note below).
  • *Second: 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:
  • *Third: if you believe that the company is acting fraudulently (not just charging high rates or some similar conduct), 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 2-4 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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