Consumer Protection Law

Consumer Protection Law Questions? Ask a Lawyer Now.

Ask a Lawyer,
Get an Answer ASAP!

Consumer Protection Law

I purchased a new Kenmore HAVC system from Sears which was…

Customer Question
I purchased a new...

I purchased a new Kenmore HAVC system from Sears which was originally installed December 9, 2016. I have a warranty. I also have a home warranty through Sears covering all my appliances. On June 25, the A/C turned off and I called Sears home warranty for someone to come take a look. This fellow said the system was set up badly and needed to be reinstalled, but he couldn't do it. I needed to contact Sears Home Improvement who could have it taken care of under the warranty. On Tuesday, July 4, Tim Robbins at Sears sent out Reggie Mobley of Mobley Heating & Air, to look at the A/C and who also said that the entire system needed to be reinstalled. On Thursday, July 6, Mr. Mobley's employee, ***** *****, came out and reinstalled the entire system. The following Saturday, July 8, I discovered the PVC pipes leaking water onto the floor and onto my carpet. I left a telephone message for Sears , on Monday, July 10, ***** ***** came back out and repaired the PVC pipes. The next morning, I discovered water leaking from the ceiling going down the wall in the furnace closet and onto my carpet. The source of this water was in the condominium above me. My neighbor called his heating and air person to come check his A/C. His repairman said someone had pulled the PVC piping apart (which is the same pipe as mine). I paid my neighbor's repair expense. Next, on Wednesday morning, July 26, my A/C stopped again. I phoned Tim Robbins, in Sears Home Improvement, and got no answer. I left a message which has not been returned. I also phoned Tim's boss, Greg Cochran, District Production Mgr, who did not answer the phone. I left a message and he did not return my call either. I finally located a complaint number and was told that the complaint team was trying to find another repairman to send out. This was all on July 26. It is now 6 days later and no word from anyone. At this point, I would like a refund of the $6,350 (approx.) that I paid for this entire system and Sears can pick up this equipment. I paid cash unfortunately so I feel that I don't really have any power. I'm hoping that you can give me some idea about what I can do to extricate myself from this situation. In the meantime, I am a 78 year old woman on a fixed income living in Atlanta, GA with no air conditioning. Thank you for any help you can give.

Lawyer's Assistant: Has a refund request been made in writing?

No. I wasn't sure if that was something that would be ok to do.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I an't think of anything at the moment. CAN'T think of anything...

Submitted: 6 months ago.Category: Consumer Protection Law
Show More
Show Less
Ask Your Own Consumer Protection Law Question
Answered in 3 minutes by:
8/1/2017
Consumer Protection Lawyer: Loren, Lawyer replied 6 months ago
Loren
Loren, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 36,303
Experience: 30 years experience in general legal matters.
Verified

Thank you for using JA. I am Loren, a licensed attorney for over 30 yrs., and I am here to help.

I appreciate your patience as I review your question. I will post my response shortly.

Be aware, however, this is general information and no attorney client relationship is established.

The site may ask you if you wish to speak by phone for an extra charge. The offer is not from me. There is no obligation for you to accept the phone call offer, unless you want. While I am happy to speak to you, if you wish, I am also happy to continue online. So, there is no pressure to spend extra money.

Ask Your Own Consumer Protection Law Question
Consumer Protection Lawyer: Loren, Lawyer replied 6 months ago

I am so sorry to hear of the trouble you are having.

Since you have a written warranty, the terms of that warranty control your options and , while you may be entitled to the removal of the equipment and refund of the purchase price, you may be entitled to more, including the damages you paid to the neighbor.

You will need to check the warranty and comply with its terms (as will the warrantor) for, say, notice, appeals and mandatory arbitration.

If the warrantor is not complying then you can sue them fro breach and, potentially, consumer fraud. If the claim does not exceed $15,000, you can sue in small claims court. Small claims court is designed to be a "user friendly", simplified process, so that you can present a claim without an attorney. Also, it moves much more quickly than regular court. You can get the necessary forms to start from the clerk of the court.

Ask Your Own Consumer Protection Law Question
Ask Infolawyer Your Own Question
Infolawyer
Infolawyer
Infolawyer, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 6,973
6,973 Satisfied Customers
Experience: Licensed attorney helping individuals and businesses.

Infolawyer 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

6,973 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 don't knowwhat to do next. I correspond w/a roofer since
I don't knowwhat to do next. I correspond w/a roofer since July 2017. I mentioned I only wanted a level #IV roof. (Which would provide me w/a a discount of $696.00 per year w/my insurance company) The… read more
WiseOwl58
WiseOwl58
JD Honors Graduate
3,815 satisfied customers
I have a loan with republic finance for $1200 with an
Hi! I have a loan with republic finance for $1200 with an interest rate of 47%. Is that legal? … read more
Attyadvisor
Attyadvisor
Doctoral Degree
7,308 satisfied customers
If a car was repossed 24 yrs ago can they still come after
If a car was repossed 24 yrs ago can they still come after there money and garnish someones wages. … read more
Gerald, Esq
Gerald, Esq
Juris Doctor
3,671 satisfied customers
I understand that wealthy affiliate is a reputable online
I understand that wealthy affiliate is a reputable online business,could you let me know about them www.wealthyaffillate.com. I am trying to find a job until i get my disasbilty… read more
Zoey, JD
Zoey, JD
Doctoral Degree
182 satisfied customers
I live in the state of Utah. I have signed an agreement to
I live in the state of Utah. I have signed an agreement to buy an RV from a local dealer and have put down a 1000.00 dallar deposite. Something has come up and we cannot complete the deal. I have not … read more
Loren
Loren
Lawyer
36,303 satisfied customers
My identity has been compromised. What should I do to
My identity has been compromised. What should I do to protect myself. … read more
Zoey, JD
Zoey, JD
Doctoral Degree
182 satisfied customers
Well l live in Alabama and I have a cousin that was asked
Well l live in Alabama and I have a cousin that was asked twice too pass along numbers to our mutual physician because other distant family members who I had no relationship with tried to get access t… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Dozens of entries on my BOA account that are always in the
Dozens of entries on my BOA account that are always in the list and there is no getting rid of them. Even with a phone number on the list there is nothing you can do. BOA doesn't want to worry about t… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
I bought a used tractor that was delivered in poor
I bought a used tractor that was delivered in poor condition. After less than an hour of operation, it had a catastrophic part failure that has rendered the machine inoperable. Do I have the right to … read more
Infolawyer
Infolawyer
Lawyer
6,973 satisfied customers
I have question about tax return. I got victimized scam. How
The Accountant will know how to help. Please tell me more, so we can help you best.Customer: i got victimized scam… read more
Zoey, JD
Zoey, JD
Doctoral Degree
182 satisfied customers
My credit card processing company connected my terminal to
My credit card processing company connected my terminal to the wrong merchant bank account in December of 2017. I discover the error on January 8, 2018. When I contacted North American Bancard, I was … read more
Phillips Esq.
Phillips Esq.
MBA
18,631 satisfied customers
Xlibris published my book. I agreed to a Hollywood Treatment
Xlibris published my book. I agreed to a Hollywood Treatment consisting of a Feacher film and TV series scrip including a one hour film presentation. started may 31 2017. heard nothing until I inquire… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I contacted a collection agency who left a message on my
i contacted a collection agency who left a message on my mother's phone and is requiring payment today for a settlement on a credit card that was closed in 2012. I am not sure if the debt is mine and … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
8,231 satisfied customers
I need some advice on rights of Forestry worker who was on
i need some advice on rights of Forestry worker who was on hollidays to tssue an infringemrnt notice for pickink up pine cones in a State Forest … read more
WiseOwl58
WiseOwl58
JD Honors Graduate
3,815 satisfied customers
I was placed on medication has received a recall. I recently
I was placed on medication has received a recall. I recently was incarcerated and notice somebody changes such as swelling in the chest nipple and have been having discomfort in my mouth area. The nam… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Title claimed I received loan funds when I paid 302k for my
Stewart Title claimed I received loan funds when I paid 302k for my home in all cash and they left me with a worthless title policy … read more
Damien Bosco
Damien Bosco
3,628 satisfied customers
I have an abstract of judgement from chase bank on a credit
I have an abstract of judgement from chase bank on a credit card that was stolen, and used, but the judge still issued a judgement against me, it is 5 years old and chase has never contacted me and I … read more
Phillips Esq.
Phillips Esq.
MBA
18,631 satisfied customers
Can a organization band you from a store just because they
can a organization band you from a store just because they don't like you.. … read more
Olivia Kent
Olivia Kent
Managing Partner
Doctoral Degree
2,165 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