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I RETURNED A MISREPRESENTED PRODUCT USING THE PREPRINTED…

Customer Question
I RETURNED A MISREPRESENTED...

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?

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

NY

Lawyer's Assistant: Has anything been filed or reported?

NO

Submitted: 11 months ago.Category: Legal
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Answered in 5 minutes by:
8/4/2017
Lawyer: INFOLAWYER, Attorney replied 11 months ago
INFOLAWYER
INFOLAWYER, Attorney
Category: Legal
Satisfied Customers: 63,025
Experience: Licensed attorney helping individuals and businesses
Verified
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?
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Customer reply replied 11 months ago
$1.08
Lawyer: INFOLAWYER, Attorney replied 11 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.
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Lawyer: INFOLAWYER, Attorney replied 11 months ago
Please let me know if that is acceptable and feel free to reply back and follow up
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Customer reply replied 11 months ago
WHERE IS MY ANSWER?
Lawyer: INFOLAWYER, Attorney replied 11 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.

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Lawyer: INFOLAWYER, Attorney replied 11 months ago

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

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Customer reply replied 11 months ago
SORRY $108.00
Customer reply replied 11 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 reply replied 11 months ago
R U THERE?
Lawyer: legalgems, Lawyer replied 11 months ago
legalgems
legalgems, Lawyer
Category: Legal
Satisfied Customers: 13,711
Experience: Just Answer consultant at Self employed
Verified

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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Lawyer: legalgems, Lawyer replied 11 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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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).

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