Consumer Protection Law

Consumer Protection Law Questions? Ask a Lawyer Now.

Ask a Lawyer,
Get an Answer ASAP!

Consumer Protection Law
This answer was rated:

I purchased an item through website,

I purchased an item through...

I purchased an item through website, item arrived and happened to be not as described. Despite website administration being mediator, seller is refusing clear return/refund option. He is offering only refund minus a restoking 20% fees ( Item unused and unaltered $5000 jewelery item). it is being month with no solution. anything I can do?


I am in CA and he is in MA.

Show More
Show Less
Ask Your Own Consumer Protection Law Question
Answered in 8 minutes by:
2/15/2013
Law Educator, Esq.
Category: Consumer Protection Law
Satisfied Customers: 121,081
Experience: Attorney experienced in commercial litigation.
Verified
MA has one of the strongest consumer protection laws in the US. Under MA General Laws Section 93A, you could subject them to up to triple damages plus attorney's fees for unfair and deceptive business practices if they did not sell you an item as they described it and thus committed misrepresentation. Under Section 93A you MUST send them a warning letter before you can sue for triple damages and attorney's fees.

Here is a sample 93A letter to send them. if they refuse to refund you for their misrepresented item, then you could seek to sue them for damages since they chose to do business in MA you would seek to have the MA laws applied against them when suing them under the choice of law rules in the state where they are located.


I truly aim to please you as a customer, but please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. Please consider that I am answering the question or question that is posed in your posting based upon my reading of your post and sometimes misunderstandings can occur. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered.

If you did not get all of the information you may have wanted PLEASE USE THE REPLY TO EXPERT LINK IF YOU HAVE FOLLOW UP QUESTIONS AND NOT THE FEEDBACK BUTTON FOR BAD SERVICE. PLEASE CLICK ON “OK,” “GOOD” or “EXCELLENT” SERVICE. Kindly remember to ONLY rate my answer when you are fully satisfied. If you feel the need to rate anything less than OK, please stop and reply to me via the or REPLY TO EXPERT button with whatever issue or clarification you may need.

Also remember, sometimes the law does not support what we want it to support, but that is not the fault of the person answering the question, so please be courteous.

PLEASE NOTE WELL WE ARE DEALING WITH LAWS OF 50 STATES PLUS FEDERAL LAWS, AS WELL AS DEALING WITH OTHER CUSTOMERS, SO PLEASE BE PATIENT AND BE ASSURED YOU ARE NOT BEING IGNORED.

There can also be a delay of an hour or more in between my answers because I may be helping other customers or taking a break.

You can always request me through my profile at http://www.justanswer.com/law/expert-paulmjd/ or beginning your question with “For PaulMJD…”

Ask Your Own Consumer Protection Law Question
Customer reply replied 4 years ago


Where do I find an attorney if I would choose to do that? Does ti mean that I will have to fly to MA for trial?

 

Person i was talking to is only his name known. He asked me to make checks to private name of woman but address is as buisiness. Do I make letter to Buisiness or to name of person i made checks out?

 

You would not have to fly to MA for trial, you can get a consumer protection law attorney in MA to represent you. The MA bar association has a great referral service and you can also use the same sites used by other attorneys, http://www.martindale.com or http://www.lexmundi.com or http://www.hg.org

You would make the letter to BOTH the business and the person and when you sue you would sue both of them as well, since her name was on the check.
Ask Your Own Consumer Protection Law Question
Customer reply replied 4 years ago


Is it better to get a lawyer for the letter? or start with the letter myself and then look for legal representation, if nothing happened for 30 days?

You do not need a lawyer for the letter, save that money, since a lawyer will charge you $300-$500 for sending the letter you can send yourself and that is why the Attorney General's office makes sample letters available. Then if nothing happens in 30 days, look for an attorney and file suit.
Law Educator, Esq.
Category: Consumer Protection Law
Satisfied Customers: 121,081
Experience: Attorney experienced in commercial litigation.
Verified
Law Educator, Esq. and 87 other Consumer Protection Law Specialists are ready to help you
Ask your own question now
Customer reply replied 4 years ago

Dear Paul, I started to write a letter and I encountered some problems: I couldn't find a MA registered business under this name and under this address. I do not have business owner nor negotiating person full names. They only mentioned on Facebook and selling jewelry on RubyLane.com under name "Beacon Hill Jewelers". T they received FedEx mail in "Boston Jewelry Mall" building in room #313..


Means for now i have some female name I had to make checks to, then her residential address on her personal check (which was $500 refund in attempt to settle my complain), name of "Beacon Hill Jewelers" I can't find as a legal business , bunch of emails under name "Evan" and his cell phone#, which given as a business phone on web and was used for communication.


Now almost month in dispute, today Ruby Lane mitigated that I can return an $5000 item for refund, but according their policy seller is entitled to restocking fee of 20% ( $1000) despite a fact that item was grossly misrepresented while advertised... ( is that ok? )


Suggestions? Thanks a lot!!!!!!


 

He does not have to be a registered business if you prove that he is regularly conducting business in that name as an "unincorporated business entity" which would be a sole proprietorship. He is a DBA or sole proprietorship, either way you can prove he is engaging in business as Beacon Hill Jewelers and as such liable under 93A.

It is not okay for them to keep 20% if they are grossly misrepresenting products, since this would mean they are getting away with misrepresentation and getting $1000 for doing so. This is more than you not being satisfied with the product, it is them misrepresenting items they are selling and as such would be an unfair and deceptive practice under the MA general law.
Ask Your Own Consumer Protection Law Question
Customer reply replied 4 years ago

I am an owner of my own business, but without a registration I HAD to use my name in the name of my business. I was told that it is a law. My bad. Guess it depends on state or just different now days...


 


1. To whom to address a letter or file a lawsuit if I have no full name of any person? RubyLane didn't answer to my request to provide names.


2. Do I object unfair RubyLane "final" decision or just deal with Jewelry Store now on?


 


Hope it would be all...I appreciate your answers a lot. Have a nice weekend.


 

You would address it to the woman's name and also Beacon Hill Jewelry. In the event of suing, you would sue the woman by name and also "john doe" DBA Beacon Hill Jewelery.

You can do both, object to Ruby Lane's final decision in writing and also pursue the jewelry store as well.
Ask Your Own Consumer Protection Law Question
Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 121,081
121,081 Satisfied Customers
Experience: Attorney experienced in commercial litigation.

Law Educator, Esq. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Infolawyer

Infolawyer

Lawyer

6,930 satisfied customers

Licensed attorney helping individuals and businesses.

Ely

Ely

Counselor at Law

3,422 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

Barrister

Barrister

Lawyer

1,607 satisfied customers

Attorney,17 years experience in consumer protection areas

Tina

Tina

Lawyer

1,587 satisfied customers

17 years legal experience including consumer protection law.

P. Simmons

P. Simmons

Lawyer

1,184 satisfied customers

16+ yrs. of legal experience.

LADY LAWYER

LADY LAWYER

Lawyer

748 satisfied customers

Consumer Lawyer

RGMacEsq

RGMacEsq

Lawyer

582 satisfied customers

Licensed Texas General Practice Attorney

< Previous | Next >

Related Consumer Protection Law Questions
I inherited my fathers house when he passed away. He had
I inherited my fathers house when he passed away. He had solar panels that he had leased with 22 years left on the lease. We are paying monthly payment of $166. My electric bill for Dec. was $330, so … read more
LegalGems
LegalGems
Juris Doctorate
10,698 satisfied customers
How do I prosecute a USA federal agency, IE: HUD for fraud
Second opinion] How do I prosecute a USA federal agency, IE: HUD for fraud and misrepresentation.?… read more
Expert James
Expert James
Doctoral Degree
11,699 satisfied customers
In Nebraska, does a dealer have to tell you if a car was a
In Nebraska, does a dealer have to tell you if a car was a rental before they sell it to you? If they didn't tell you this, is there anything you can do after the sell? … read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
18,356 satisfied customers
How much is the total amount of cash in USD I can receive as
How much is the total amount of cash in USD I can receive as gifts in 2018 from different people within US?… read more
LegalGems
LegalGems
Juris Doctorate
10,698 satisfied customers
I had filed for insurance with Texas wind storm insurance
I had filed for insurance with Texas wind storm insurance association due to the damage on my house from Hurricane Harvey and I got an accepted letter in the mail accepting the all the damages from adjuster and told me they have mailed out a check to me which will take between 7 to 10 business days … read more
WiseOwl58
WiseOwl58
JD Honors Graduate
3,712 satisfied customers
My husband was in an accident on a Friday and CHP would not
My husband was in an accident on a Friday and CHP would not let him call Auto Club for a tow. Truck was totaled and the tow company wanted $330 to store and 609.00 for a less than 10 mile tow! Truck i… read more
WiseOwl58
WiseOwl58
JD Honors Graduate
3,712 satisfied customers
My dog was ordered muzzled in Millbury MA. I wish to have
I wish to have the order reviewed in the Worcester district court. can you call me? I will pay for these services.(###) ###-####… read more
WiseOwl58
WiseOwl58
JD Honors Graduate
3,712 satisfied customers
I would like to ask a legal question on a remedy for a bank
I would like to ask a legal question on a remedy for a bank who hasn't "accepted for value, returned for value for settlement and closure" documents. I've also sent a legal letter which requests the b… read more
Law Educator, Esq.
Law Educator, Esq.
Lawyer
121,081 satisfied customers
I had a sewer back up in my 2 bathrooms, and I need a
I had a sewer back up in my 2 bathrooms, and I need a lawyer... … read more
Law Educator, Esq.
Law Educator, Esq.
Lawyer
121,081 satisfied customers
I recently took my automobile to a repair shop because it
I recently took my automobile to a repair shop because it was jerking, so the repair shop charged a diagnostic fee and then proceeded to make repairs. after three weeks I assumed the problem had been … read more
LegalGems
LegalGems
Juris Doctorate
10,698 satisfied customers
I am being sued by a hospital for a past due medical bill. I
I am being sued by a hospital for a past due medical bill. I want to try to settle this out of court, but I don't know how to go about it. … read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
6,930 satisfied customers
My wife brought out 2010 Camry SE to Walmart for an oil
My wife brought out 2010 Camry SE to Walmart for an oil change today at about 2:45 pm (Jan 18, 2018). They denied her service saying they could not remove the oil drain plug because it was over tighte… read more
Thelawman2
Thelawman2
Doctoral Degree
1,295 satisfied customers
I purchased both a Bissell and Shark Vacuums. Once they
I purchased both a Bissell and Shark Vacuums. Once they arrived , I decided I wanted to return the Shark. I was issued a return label, but by accident, prior to vacation prep rush, the Bissell was sen… read more
Law Educator, Esq.
Law Educator, Esq.
Lawyer
121,081 satisfied customers
I have Amex $10k debt. They are suing me in state court. I
I have Amex $10k debt. They are suing me in state court. I responded to the summon. Court proceeding is still in progress. Amex is offering $5K settlement with 6 equal payments. I am planning to borro… read more
Thelawman2
Thelawman2
Doctoral Degree
1,295 satisfied customers
I bought a used car from a relative spouse. I was told the
I bought a used car from a relative spouse. I was told the car had a minor problem which was a broken gear rod. I called the dealership and was quoted a reasonable price to fix it 1,400.00. After havi… read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
18,356 satisfied customers
My friend and i bought a unit to this place yesterday and
Hi. my friend and i bought a unit to this place yesterday and i've been having doubts about it since we left. I was wondering how we can get out of the contract :( … read more
Barrister
Barrister
Lawyer
Doctoral Degree
1,607 satisfied customers
Can you bring an action for failure to deal in good faith in
Can you bring an action for failure to deal in good faith in Las Vegas Small Claims court … read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
18,356 satisfied customers
I took a $25K personal loan from circle back lending around
I took a $25K personal loan from circle back lending around 2 years back. Due to business loss, I could not make up the payment. I was charged off by the end of 2016. Subsequently the loan was sold to… read more
LegalGems
LegalGems
Juris Doctorate
10,698 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x