Consumer Protection Law

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I was in an antique shop Friday and purchased an item that…

Customer Question
I was in an...

I was in an antique shop Friday and purchased an item that was represented to me as an antique which turned out to be a worthless reproduction / commerative. Do I have any rights to get a refund.

Lawyer's Assistant: What state is this in? And just to clarify, when was the purchase made?

It was made in port Royal VA, yesterday- Friday the 1st 2017

Lawyer's Assistant: Have you contacted the manufacturer?

I contacted the owner of the shop and they told me tuff luck.

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

Just if I have any rights for being taken advantage of.

Submitted: 7 months ago.Category: Consumer Protection Law
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Answered in 5 minutes by:
12/2/2017
Consumer Protection Lawyer: insearchoftheanswer, Lawyer replied 7 months ago
insearchoftheanswer
Category: Consumer Protection Law
Satisfied Customers: 57,040
Experience: Practicing lawyer for 31 years
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Hi! My name is Richard & I will be helping you today! It will take me a few minutes to type a response to your question. Thanks for your patience!

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Consumer Protection Lawyer: insearchoftheanswer, Lawyer replied 7 months ago

Good afternoon. You should have no problem getting your money back. If they won't refund all your money voluntarily, raise the stakes on them. Send them a certified, return receipt requested letter detailing the history and their misrepresentations, and demand they refund your money in full. Inform them that if they do not comply with your demand within a short specified period of time, you will have no choice but to file a suit for your damages. BUT, be sure to specifically mention that if forced to file this suit, you will be filing this claim not only as a breach of contract case, but also as fraud and deceptive trade practice causes of action, which will entitle you not only to your damages, but also an additional amount equal to multiple times your actual damages as punitive damages. That should provide plenty of incentive to comply with your demands; but, if it does not, file your suit. Even if you have to file the suit, that's likely all you will need do. In my experience, they will settle this without a hearing rather than risk punitive damages and the fraud and/or deceptive trade practice judgments being on the record.

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Customer reply replied 7 months ago
How do I file a suit
Consumer Protection Lawyer: insearchoftheanswer, Lawyer replied 7 months ago

You would call the court clerk for the court in the location of the shop and ask the clerk for the procedure for filing suit in that jurisdiction. Each jurisdiction has their own rules and forms. The clerk will guide you through the process and direct you to the form that you will need to complete and file to initiate the suit.

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Customer reply replied 7 months ago
I do not think filing a suit would be feesable to me , I was in VA on other business when I stopped by and I live in MD. Additionally I am disabled and I would be to great a burden for me to complete the task. I was hopeing I could make a phone call and set this in motion. While &70.00 is a lot as I am on SSD I don't think I will be able to follow this course of action. Anyway thanks for the help and that will be all
Customer reply replied 7 months ago
I authorize you to take the sum of $5.00 for the deposite
Consumer Protection Lawyer: insearchoftheanswer, Lawyer replied 7 months ago

Rather than give up, I would suggest you send the demand letter threatening the suit. That in most cases resolves this without having to file the suit.

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Customer reply replied 7 months ago
Ok, thankyou
Consumer Protection Lawyer: insearchoftheanswer, Lawyer replied 7 months ago

You're very welcome. Have a good weekend.

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