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 recieved something on ebay which didnt match the item. (Vacuum

I recieved something on ebay...
I recieved something on ebay which didn't match the item. (Vacuum Cleaner) The seller agreed to take the item and pay for return shipping only if I gave them a positive review first. This is what ebay calls feedback extortion. I refused. The item cost 69.95. Shipping the item back can cost me upwards to $75.00. What are my legal options against the seller.
Ebay cannot or will not force the seller to pay for return shipping.

Thanks
James
Show More
Show Less
Ask Your Own Consumer Protection Law Question
Answered in 5 minutes by:
7/16/2013
Ely
Ely, Counselor at Law
Category: Consumer Protection Law
Satisfied Customers: 102,687
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
Verified
Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

I am very sorry for your situation. At this point, you have the right to file a small claims suit with the Justice of the Peace Court in your county. For a good explanation of how this works, please see here. This may not be your county, but it has good information on how a JP Court works, and the information is good state-wide. To find your local JP Court, see here.

To sue in a state court, one needs to have a "cause of action." There are numerous causes of action, such as "breach of contract," "negligence," "fraud," "unjust enrichment," etc., as well as causes of action rooted in statutory law. Every state has their own although they are very similar to each other in every state.

This is a breach of contract claim. The essential elements of a breach of contract cause of action that must be prover are:
(1) There is a valid contract;
(2) The plaintiff performed or tendered performance according to the terms of the contract;
(3) The defendant breached the contract; and
(4) The plaintiff sustained damages as a result of the breach.
Valero Marketing & Supply v. Kalama International, 51 S.W.3d 345, 351 (Tex.App.- Houston [1st Dist.] 2001, no pet.).

You would file a PETITION with the JP Court, serve him by certified mail, and then it would be up to him to make it down for the hearing. If he does not, then the matter is won by you on default.

Once you get a judgment in JP Court, you can domesticate it in GA to enforce it if he does not pay, which would include using an attorney BUT he would be liable for the cost to do so.

Very often, a letter threatening a lawsuit is enough to get him to refund you to avoid being sued. Let me know if you need such a sample letter.

Finally, yes, you can sue him in TX even though he is in GA. Tex. Civ. Prac. & Rem. Code § 17.042 states that anyone who contracts with a Texas resident for business may be brought into a Texas Court.

Good luck!

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE my answer when we are finished. Kindly rate my answer as one of the top three faces and then submit, as this is how I get credit for my time with you. Rating my answer the bottom two faces does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith. (You may always ask follow ups at no charge after rating.)
Ely
Ely, Counselor at Law
Category: Consumer Protection Law
Satisfied Customers: 102,687
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
Verified
Ely and 87 other Consumer Protection Law Specialists are ready to help you
Ask your own question now
Customer reply replied 4 years ago


Thank you for the great information. I was redy to drive to Ga. A sample letter (threatening lawsuit) would be great. thanks again

Hello,

I am providing one now - please one second... do not go away!
Ask Your Own Consumer Protection Law Question
Customer reply replied 4 years ago

o.k.

Dear ___________,

This correspondence is in regards XXXXX XXXXX item received by me from eBay, wherein it was described as _____, but what I received was _____.

This is not the same item that I had been promised and for which I entered the transaction with you. Upon your admission of the issue, you agreed only to refund me if I sent back the item, footing the bill myself, and left a positive rating.

As such, demand is hereby immediately made that you:

1) Refund me $__, and
2) Pay for your own return. I should not have to do so.

If this is not done by _____(date), I may have no choice but to seek relief in a court of law for breach of contract and any other related causes of action. Texas long arm statute makes anyone doing business and contracting with a Texas resident liable in a Texas court. Tex. Civ. Prac. & Rem. Code § 17.042.

Once I get judgment, I will not hesitate to enforce it in GA by domestication, followed by levy, garnishment, lien, and/or attachment. Every step will have more legal fees added on.

I do hope that this may be solved amicably, but I will use every resource at my disposal to seek relief if it is not.
Ely
Ely, Counselor at Law
Category: Consumer Protection Law
Satisfied Customers: 102,687
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
Verified
Ely and 87 other Consumer Protection Law Specialists are ready to help you
Ask your own question now
Ask Ely Your Own Question
Ely
Ely
Ely, Counselor at Law
Category: Consumer Protection Law
Satisfied Customers: 102,687
102,687 Satisfied Customers
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

Ely 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

6,900 satisfied customers

Licensed attorney helping individuals and businesses.

Ely

Ely

Counselor at Law

102,687 satisfied customers

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

Barrister

Barrister

Lawyer

1,595 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

1,173 satisfied customers

16+ yrs. of legal experience.

LADY LAWYER

LADY LAWYER

Lawyer

748 satisfied customers

Consumer Lawyer

RGMacEsq

RGMacEsq

Lawyer

578 satisfied customers

Licensed Texas General Practice Attorney

< Previous | Next >

Related Consumer Protection Law Questions
Bought a home less than six months ago only to discover the
Bought a home less than six months ago only to discover the listing agent nor the owners disclosed major problems regarding plumbing and electrical issues. … read more
TaxAttorneytoHelp
TaxAttorneytoHelp
Owner
Doctoral Degree
2,542 satisfied customers
I have a rental property, the boiler stopped working. I
I have a rental property, the boiler stopped working. I called my oil company to check it. The oil company didn't notice me at all. They replaced a lot of parts. After a several days later, they email… read more
WiseOwl58
WiseOwl58
JD Honors Graduate
3,506 satisfied customers
My 18 year old son bought a used car in june 2017 we have
Hi my name is*****: What state are you in? And is a local attorney or other consumer protection advocate helping with this? Customer: My 18 year old son bought a used car in june 2017 we have found ou… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
27,458 satisfied customers
If direct deposit is scheduled and the system goes down...
if direct deposit is scheduled and the system goes down... the owners of the business are saying that checks aren't issued for another 3-4 days. is this legal?? I have obligations to take care of and … read more
Dwayne B.
Dwayne B.
Juris Doctor
28,498 satisfied customers
Law educator upon viewing both objections and motions and
Law educator upon viewing both objections and motions and researching and talking to both attorneys they know I have something but bk doesn't feel strong enough on the bk side. And the dv attorney kno… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I'm in Missouri. Hired a company to make & install a
I'm in Missouri. Hired a company to make & install a cultured marble shower. No contract signed and no money exchanged. After waiting 3 weeks, they showed up to install shower. When I arrived, they ha… read more
WiseOwl58
WiseOwl58
JD Honors Graduate
3,506 satisfied customers
I purchased a use car and a warranty with it. The warranty
I purchased a use car and a warranty with it. The warranty co sent a letter saying they had not received payment. Have tried to contact car co. they said check s in the mail. Called warranty co they d… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I got out am abusive relationship and I ownd him my car and
I got out am abusive relationship and I ownd him my car and his sis.i left him and they won't give me my car back. I can't even report it stolen … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
I received a phone call from Peters. said he was calling
I received a phone call from Michael Peters. Michael said he was calling from Federal Storage Dept Consumer Protection.He said several attempts to contact me via mail for 6 weeks had been made. He inf… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
27,458 satisfied customers
I bought a Certified Pre-Owned Audi from Penske West Covina
I bought a Certified Pre-Owned Audi from Penske West Covina Audi a year ago. I just recently took it to Car Max to sell and the report they pulled stated that it had been in an accident and also state… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I have received a letter from the Dept. of Education
I have received a letter from the Dept. of Education regarding my NDSL student Loan from years 1974 through 1978. The principal on the loan was $4250.00 and the Interest on the loan was 3%.. Isn't the… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
6,900 satisfied customers
Tums changed their packaging standards on the individual
Tums changed their packaging standards on the individual roll. the package comes unglued very easily and the tablets wind up unprotected in my pocket. i have to throw them away. i have complained, and… read more
Dwayne B.
Dwayne B.
Juris Doctor
28,498 satisfied customers
My 15 year old grandson "TB" tried to open a checking
My 15 year old grandson "TB" tried to open a checking account. His credit is blocked. The bank stated TB's father had previously opened a joint account in the grandson's name and overdrew the account … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
[email protected], I had dealings with Advanced Media Group. I
My name is ***** *****sen,***@******.***, I had dealings with Advanced Media Group. I was looking to make money, as I had been laid off from the construction business. I was a construction superintend… read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
17,979 satisfied customers
Can you Think of any businesses that would buy 300 or 400
Can you Think of any businesses that would buy 300 or 400 bed frames that are universal and adjustable to call that would buy them? Seems like most of the furniture stores get them from the manufactur… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
6,900 satisfied customers
I need a good lower can you.? I said I need a Lower. I'm
One of insurance company that I have almost 3 years ago I found out they always go overall on my account , so I need to sue then… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
How are you I am in a bad situation and need some advice.. I
How are you I am in a bad situation and need some advice.. I recently on the 2nd of this month bought a vehicle 3500 down 200 warranty and about 4,100 loaned to us buy the dealership. I took the car t… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Product liability case. Product gotten from a vendor, by
Product liability case. Product gotten from a vendor, by insurance, using a technician that said a defective product was safe to use (she didint acknowledge any defect. I found out about it). Medicare… read more
Ray
Ray
Lawyer
Doctoral Degree
30,219 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