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Experience:  28 Years In General Practice,
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I am trying to help a friend obtain a refund from a business

Customer Question

Hi,
I am trying to help a friend obtain a refund from a business that took her cash.
On May 26, 2016, Linda made a purchase of four tires and four rims, for her truck, from Tire Works Total Car Care in Perump, Nevada. Travis, the manager, called the warehouse and verified that they had the chrome rims and tires in stock. Since the tires and rims were coming from Vegas, she was told to return at 4pm to have them installed. Travis asked for a deposit, but since the deposit was almost the entire amount (bill was $1486.20 and deposit was $1300.00). She went to the bank and withdrew cash for the entire amount and then paid the bill in full. Went she back at 4pm, she find out that her order for chrome rims, was instead delivered in black. Travis told her that the rims do not come in chrome only black. He then tried to make her accept the black rims even though she insisted and ordered chrome from the start. Travis then told her that for $100 more he could get her some other chrome rims by Friday (it was Monday that they were there). She did not want to pay another $100 nor wait til Friday since she was in Nevada and needed to get back to California. When she told the Travis that she would take the tires and needed her money back for the rims and caps, he told this was not possible and was against policy, and that "she" would have to go through corporate to get her money back. Her money in cash that was still in their register. Her cash had only been given to them at 1pm and it was now 4:30pm.
When Travis handed her the receipt for the tires, he had written on it a phone number and a woman's name, Jasmine, and was told "call her, she will take care of you". She called Tire Works Corp. on May 26th, and spoke to Jasmine who said they would take care of her refund check right away. She did not receive the refund check for over a week, so she called Tire Works Corp today, June 7th. She was told by Jasmine, that a request for a refund check was sent in and it will now be 4-6 weeks for her refund. Is there anything she can do? Is it legal for this company to not give her the cash refund that was still in their drawer, when they could not give her the correct order?
Please advise us on how to proceed.
Thank you!
Tina
Submitted: 6 months ago.
Category: Legal
Expert:  Attorney2 replied 6 months ago.

Welcome and thank you for your question. It is not necessarily illegal, however it is certainly a bad business practice. What we need to check is if the company had a refund policy stated business and if that information was also printed on a receipt, work order or invoice provided by the business.

"Returns and Refunds under Federal Law

Many retailers, as part of their business models, allow returns if customers change their minds or receive unwanted items as gifts. While many retailers have decided this makes for the best business practice, they aren't legally required to accept returns. Rather, retailers are required to accept returns only if the sold good is defective or if they otherwise break the sales contract.

In addition to retailers being required to accept the return of defective items, federal law provides a "Cooling-Off Rule " giving buyers three days to cancel purchases of $25 or more. Under this rule, the right to cancel for a full refund extends until midnight of the third business day after the sale. The rule applies to sales at the buyer's home or workplace, at facilities rented by the seller on a temporary basis, or at locations otherwise away from the seller's normal retail location.

Returns and Refunds under State Law

In addition to applicable federal law, many states have laws regarding consumer refunds. Often, refund policies must be prominently displayed at the place of purchase in order to be valid. Many states, in addition to the protections of the federal Cooling-Off Rule, allow consumers to rescind club memberships or other special sales contracts within a specified number of business days.

Other fees, such as restocking fees, normally must be made clear in the retailer's policy language. Regardless of whether your state requires disclosure of return policies, you should ask any retailer for their particular policy before making a purchase. Additionally, states may or may not explicitly apply their laws to online sales. Below are summaries of state laws governing refunds of retail sales items" http://consumer.findlaw.com/consumer-transactions/customer-returns-and-refund-laws-by-state.html

Do you have any documentation?

Expert:  Attorney2 replied 6 months ago.

Tina:

Can you tell me if there was any information or documentation with regard to returns and/or refunnds? If so the company would need to honor their policy. Your friend would file a consumer protection complaint with the State and Federal government against the company if they have failed to follow or alert customers of their return policies.

Your friend would file a complaint on a Nevada business at http://ag.nv.gov/Complaints/File_Complaint/

At the Federal level an FTC complaint can be filed at http://ag.nv.gov/Complaints/File_Complaint/

Please let me know if you have any issues with the links.

Please do not hesitate to ask me any additional questions that you may have with regard to this matter. It would be my pleasure to continue to assist you. If you would be kind enough to rate my service positively so I will receive credit for my work I would appreciate it.

Expert:  Attorney2 replied 6 months ago.

Tina:

Can you tell me if there was any information or documentation with regard to returns and/or refunnds? If so the company would need to honor their policy. Your friend would file a consumer protection complaint with the State and Federal government against the company if they have failed to follow or alert customers of their return policies.

Your friend would file a complaint on a Nevada business at http://ag.nv.gov/Complaints/File_Complaint/

At the Federal level an FTC complaint can be filed at http://ag.nv.gov/Complaints/File_Complaint/

This would fall under deceptive trade practices if they are stating a refund will occur within in a certain time frame and not honoring it.

"Deceptive Trade Practices Laws

Nevada has adopted the Uniform Deceptive Trade Practices Act, but with some variations in its criminal, civil, and vehicular code. These laws prohibit everything from using a fake trademark to altering a used car’s odometer. Nevada’s deceptive trade practices statutes are listed in the table below.

Uniform Deceptive Trade Practices Act Adopted

Nevada Statutes(###) ###-#### ***** seq.: Deceptive Trade Practices

(Revised Uniform Act adopted with significant variations)

False Advertising Forbidden

Nevada Statutes 207.170, et seq.: Deceptive Advertising

Who May Bring Suit

Attorney General; consumer advocate; consumer if he is victim of deceptive trade practice (NRS 41.600; NRS(###) ###-#### ***** attorney (NRS 207.174)

Remedies Available

Injunctions; return of money or property; penalties up to $10,000 for each violation possible and willful violation is misdemeanor, second is gross misdemeanor, third is a felony; suspension of right to conduct business or dissolution of corporation possible (§598.0999); criminal and civil penalties (NRS 207.174 and 175); damages, attorney's fees, and costs (NRS 41.600)" http://statelaws.findlaw.com/nevada-law/nevada-deceptive-trade-practices-laws.html

Please let me know if you have any issues with the links.

Please do not hesitate to ask me any additional questions that you may have with regard to this matter. It would be my pleasure to continue to assist you. If you would be kind enough to rate my service positively so I will receive credit for my work I would appreciate it.

Expert:  Attorney2 replied 6 months ago.

Tina:

Can you tell me if there was any information or documentation with regard to returns and/or refunnds? If so the company would need to honor their policy. Your friend would file a consumer protection complaint with the State and Federal government against the company if they have failed to follow or alert customers of their return policies.

Your friend would file a complaint on a Nevada business at http://ag.nv.gov/Complaints/File_Complaint/

At the Federal level an FTC complaint can be filed at http://ag.nv.gov/Complaints/File_Complaint/

This would fall under deceptive trade practices if they are stating a refund will occur within in a certain time frame and not honoring it.

"Deceptive Trade Practices Laws

Nevada has adopted the Uniform Deceptive Trade Practices Act, but with some variations in its criminal, civil, and vehicular code. These laws prohibit everything from using a fake trademark to altering a used car’s odometer. Nevada’s deceptive trade practices statutes are listed in the table below.

Uniform Deceptive Trade Practices Act Adopted

Nevada Statutes(###) ###-#### ***** seq.: Deceptive Trade Practices

(Revised Uniform Act adopted with significant variations)

False Advertising Forbidden

Nevada Statutes 207.170, et seq.: Deceptive Advertising

Who May Bring Suit

Attorney General; consumer advocate; consumer if he is victim of deceptive trade practice (NRS 41.600; NRS(###) ###-#### ***** attorney (NRS 207.174)

Remedies Available

Injunctions; return of money or property; penalties up to $10,000 for each violation possible and willful violation is misdemeanor, second is gross misdemeanor, third is a felony; suspension of right to conduct business or dissolution of corporation possible (§598.0999); criminal and civil penalties (NRS 207.174 and 175); damages, attorney's fees, and costs (NRS 41.600)" http://statelaws.findlaw.com/nevada-law/nevada-deceptive-trade-practices-laws.html

Please let me know if you have any issues with the links.

Please do not hesitate to ask me any additional questions that you may have with regard to this matter. It would be my pleasure to continue to assist you. If you would be kind enough to rate my service positively so I will receive credit for my work I would appreciate it.

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