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Zoey, JD
Zoey, JD, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 27726
Experience:  18+ years of NYS litigation experience.
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We have a customer who ordered a number of products from us

Customer Question

We have a customer who ordered a number of products from us 5 years ago. It was shipped freight (meaning on a pallet). About a month ago we received a call from this gentleman saying that he was looking through the original shipping manifest and noticed a water filter listed but "despite his best efforts" could not find it anywhere.
Now here's our predicament... He wants us to refund the money for the water filter that he can't find and is threatening to sue us under Texas law if we don't. We have offered to give him a credit of $139...the price of the filter, but he refused. This isn't something he could win on is it? 5 years and not a word then all of a sudden...I never received this item?
What say you?
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  Zoey, JD replied 1 year ago.


I'm Zoey and I'll be assisting you. I'm reviewing your question now. Are you online at this time?

Expert:  Zoey, JD replied 1 year ago.

I would say he can't win it and he's likely just bluffing. The statute of limitations has expired on a suit. Additionally, it's economically unfeasible to sue for a $139 item.

Expert:  Zoey, JD replied 1 year ago.

Just checking in to see if you need more help or any clarification of my answer. If so, please reply here on this question thread.