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Although she would be outside the California 3-Day buyer remorse law, she would still have a basis upon which to terminate the contract and get her money returned. She could claim the seller was guilty of fraud, misrepresentation and/or that the contract is simply unconscionable. What she wants to do is raise the stakes on them. She should send them a communication...email if possible since that's the quickest...informing them the product was misrepresented (it's doubtful they can back up their claims made about this product) and the contract unconscionably one-sided, and terminate the transaction and demand they refund her money within a short specified period of time. She should inform them that if they do not comply with her demand within a short specified period of time, she will have no choice but to file a suit to recover her money. BUT, she wants to specifically let them know she will be filing this claim as fraud, deceptive trade practice, and contract of adhesion causes of action, which will entitle her not only to a full refund, but also an additional amount equal to multiple times her actual damages as punitive damages. That should provide plenty of incentive to comply with her demands; but, if it does not, she should file her suit. Even if she has to file the suit, that's likely all she will need do. In my experience, they will settle this without a hearing rather than risk punitive damages and the fraud and/or deceptive trade practice judgments being on the record.
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