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I purchased a printer ink cartridge through Walmart.com. It…

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I purchased a printer...

I purchased a printer ink cartridge through Walmart.com. It came in a sealed box, but the inside cover was open. When installed, the printer displayed the message "Previously used cartridge installed". Walmart store only offered 10% discount on a purchase of a new one. Wrote to CEO and indicated this constitutes fraud. Was contacted by store who said they were instructed to ask me to come to the store and get a replacement. I responded this is inadequate remedy for fraud, Shoukld I consider a class action suitm, as I am sure it did not happen to just me?

Lawyer's Assistant: Because consumer protection law varies from place to place, can you tell me what state this is in?

New York

Lawyer's Assistant: Have you contacted the manufacturer?

New York

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

I do notthink I should have to take it up with the manufacturer, This is a distributor or retailer issue of liability.,

Submitted: 8 months ago.Category: Legal
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Answered in 1 minute by:
9/18/2017
Lawyer: LegalKnowledge, Attorney replied 8 months ago
LegalKnowledge
LegalKnowledge, Attorney
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Lawyer: LegalKnowledge, Attorney replied 8 months ago

Good morning. I certainly understand the situation and your concern. There are a few issues here. The first, is showing that Walmart knew about this. It is possible that someone returned it and sealed the package and they resold it, not knowing this was done or it came this way from the manufacturer. To sue, you would need to show they knew or should have known about this and tried to defraud consumers and engaged in deceptive and unfair trade practices. Moreover, you need to find a class of people, who were victims of this. You also need to find an attorney, to take this, as a class action and invest the time, effort and money, if they believe there is a case. The remedy, is to replace it with a new one and make you whole. You can refuse and sue but would need to show and support your case with evidence.

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Lawyer: LegalKnowledge, Attorney replied 8 months ago

I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!

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