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legalgems
legalgems, Lawyer
Category: Legal
Satisfied Customers: 10484
Experience:  Just Answer consultant at Self employed
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I RETURNED A MISREPRESENTED PRODUCT USING THE PREPRINTED

Customer Question

I RETURNED A MISREPRESENTED PRODUCT USING THE PREPRINTED RETURN LABEL WITHIN THE TIME ALLOTTED FOR THE RETURN & THE UNOPENED PKG. WAS RETURNED TO ME! WHAT ARE MY RIGHTS?
JA: What state are you in? It matters because laws vary by location.
Customer: NY
JA: Has anything been filed or reported?
Customer: NO
JA: Anything else you want the lawyer to know before I connect you?
Customer: NO
Submitted: 2 months ago.
Category: Legal
Expert:  INFOLAWYER replied 2 months ago.
Greetings! I am a legal expert on the site and am working on your question.On review of your facts, you have a good case.How much are you owed?
Customer: replied 2 months ago.
$1.08
Expert:  INFOLAWYER replied 2 months ago.
You have a few options. Let me outline them. You can pursue a complaint in civil court. You may sue for losses suffered plus costs and interest. You can also file a complaint with the attorney general office. You can threaten these options before pursuing and use for leverage. local counsel can also get involved! A lawyer letter alone can often bring about a settlement as the other side realizes that you are serious and gets concerned about its risk and legal fees.
Expert:  INFOLAWYER replied 2 months ago.
Please let me know if that is acceptable and feel free to reply back and follow up
Customer: replied 2 months ago.
WHERE IS MY ANSWER?
Expert:  INFOLAWYER replied 2 months ago.

You have a few options. Let me outline them. You can pursue a complaint in civil court. You may sue for losses suffered plus costs and interest. You can also file a complaint with the attorney general office. You can threaten these options before pursuing and use for leverage. local counsel can also get involved! A lawyer letter alone can often bring about a settlement as the other side realizes that you are serious and gets concerned about its risk and legal fees.

Expert:  INFOLAWYER replied 2 months ago.

If you paid them by credit card, contest the charge on the card.

Customer: replied 2 months ago.
SORRY $108.00
Customer: replied 2 months ago.
i understand if they send back an unopened return with a preprinted return label i can keep the item without any further liability?
Customer: replied 2 months ago.
R U THERE?
Expert:  legalgems replied 2 months ago.

Hello; new contributor here.

I have reviewed the statutes and could not locate any statute that states a consumer may keep, free of charge, a returned product when a preprinted return label is used.

However, if the product is misrepresented, then the consumer can request a refund (and must return the item). The misrepresentation is considered a breach , and the court's goal is to restore the parties to the position they would have been in but for the breach so:

1. return product

2. return money

If a credit card is used, the credit card dispute process may be used.

Otherwise one may sue in small claims court.

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Thank you and take care.

Expert:  legalgems replied 2 months ago.

Hello again; just checking in to see how things worked out;

If you have no further questions a positive rating is most appreciated (at no additional cost to you) and allows the site to credit my account for the time spent assisting you!

if you have further questions please don't hesitate to reach out to me here on Just Answerand I will do my best to get you the requested information.
Thanks!

The above information is for educational purposes only. A consultation with a private attorney is recommended so they can apply the law to your specific facts, and suggest the best course of action. An attorney can be located here:
http://www.americanbar.org/groups/public_education/public-information/how-do-i-find-a-lawyer-.html
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