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ScottyMacEsq
ScottyMacEsq, Attorney
Category: Legal
Satisfied Customers: 10631
Experience:  Licensed Texas General Practice Attorney
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Is it legal for a company to send out returned products from

Customer Question

Is it legal for a company to send out returned products from consumers as new without notifying the consumer. Products in question are not damaged or mal-function in any way.

Thank you
Submitted: 11 months ago.
Category: Legal
Expert:  ScottyMacEsq replied 11 months ago.

ScottyMacEsq : Thank you for using JustAnswer. I am researching your issue and will respond shortly.
ScottyMacEsq : It's certainly not legal to advertise used items (even in a "like new" condition) as "new". That would be false advertising, and is actionable under state and federal law. If there is no indication as to the condition, whatsoever, on the listing, then it COULD be fraud depending on what the reasonable person would think under the circumstances.
ScottyMacEsq : That's why when you see "refurbished", this often is in the situation where the product is in "like new" condition but was opened and returned. Now if the product was never opened in the first place and therefore not used, then it could still be sold as new. But if was used in any way, even if there are no signs of use, so long as the selling company knows that it cannot sell it "as new" and should disclose that it's "refurbished" or "almost new" / "as good as new" / "like new", or some other words to that effect (to the consumer).
ScottyMacEsq : Again, failure to do so may indicate fraud or false advertising.
ScottyMacEsq : Where there is no indication as to condition, it depends on the circumstances. That is, a listing on Craigslist is less often considered to be new than a listing on Amazon or Best Buy.
ScottyMacEsq : And the condition should be disclosed to the consumer.
ScottyMacEsq : Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, XXXXX XXXXX luck to you!
ScottyMacEsq : Cal Civil Code 1770. (a) The following unfair methods of competition and unfair or deceptive acts or practices undertaken by any person in a transaction intended to result or which results in the sale or lease of goods or services to any consumer are unlawful: (6) Representing that goods are original or new if they have deteriorated unreasonably or are altered, reconditioned, reclaimed, used, or secondhand.
Customer: If I have knowledge of returned products that have been opened being sent out as new am I required by law to notify the authorities? I am a VP at the company. Thank you
ScottyMacEsq : No, there's no duty to inform in this situation. The company could have liability, as well as any wrongdoing individual, but merely having knowledge of this does not impart on you the duty to inform the authorities.
Customer: Thank you so much, you have been a great help....excellent service!
ScottyMacEsq : Furthermore, this is generally a civil matter (in that it's rare that the criminal prosecuting authorities will get involved, if there is a civil recourse)
ScottyMacEsq : My pleasure.If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, XXXXX XXXXX good luck to you!
Customer: Can I be sent a transcript of this conversation?
ScottyMacEsq, Attorney
Category: Legal
Satisfied Customers: 10631
Experience: Licensed Texas General Practice Attorney
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