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On 11/13/2017, I went into the Springfield, PA Wal-Mart and…

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Hello,On 11/13/2017, I went into...
Hello,On 11/13/2017, I went into the Springfield, PA Wal-Mart and placed a 50 inch Vizio TV on layaway. On 11/24/2017 around 5pm, that TV was paid off and brought to my office. On 11/25/2017, the TV was opened and there was a crack on the screen. My employee called me and I asked them to take the TV back to the store to get another one. Once at Wal-Mart, my employee was told that the TV in the box does not match the serial number that is on the box and they could not accept the TV. I spoke with the manager on duty today (Cedric) and he said that he would not accept the return and I would have to escalate this to the store manager or the corporate office. I called the corporate office and spoke with the representative and he called the store to speak with a manager about the situation. Once back on the line with me, the representative said that assest protection has me on camera purchasing the TV that is broken (the one that's in the box) on August 24, 2017! I was never in their store and the first time I had ever purchased a TV from them was on 11/13/2017 when I placed the TV on layaway. They are accusing me of stealing and slandering my name. Can i sue them for defamation?
Submitted: 7 months ago.Category: Legal
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Answered in 11 minutes by:
11/26/2017
Lawyer: Bill Attorney, Lawyer replied 7 months ago
Bill Attorney
Category: Legal
Satisfied Customers: 2,606
Experience: Attorney
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Dear Customer ,

Thank You for posting your legal question today. I'm attorney Bill offering support and assistance.

Consumer law does give you a right to return a cracked TV. You have remedies under deceptive consumer practice acts and the UCC under the implied warranty of merchantability.

In escalating your complaint you can file a complaint with the consumer complaint division.

https://www.oag.state.va.us/consumer-protection/index.php/file-a-complaint

This can be done through the attorney general's office and/or the the division of consumer affairs.

Once making a complaint they will seek a resolution of your dispute.

The second part of your question refers to the accusations that you were in the store , purchased a tv, and accusations of stealing.

Accusing someone of stealing can amount to defamation of character.

To be successful in a slander suit of this kind you will need to prove that the accusation was transmitted to another third party other than you.

So if someone else was present during the accusation you will fulfill this requirement, or if this was communicated by the store to anybody else other than yourself, including employees.

This would be a civil suit for damages to your reputation.

This could be combined with the claim for the amount you spent on the cracked TV.

Please follow up with me if you need additional assistance or help.

I'm an independent legal expert and rely on your positive feedback today to get a credit for my time.

You do this by rating 5*****, 4**** or better.

So I hope you rate FIVE STARS today before your exit.

Thank You

Attorney Bill

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Customer reply replied 7 months ago
Hi,Thank you for your response. I purchased the TV in the state of Pennsylvania. Do these same laws apply?
Lawyer: Bill Attorney, Lawyer replied 7 months ago

Yes the UCC is a federal law and the consumer protection acts are adopted in all States.

You should file the complaint with the PA office:

https://www.attorneygeneral.gov/Quick_Links/Pennsylvania_Attorney_General_Complaint_Forms/Filing_a_complaint_with_the_Attorney_General_s_Bureau_of_Consumer_Protection/

The defamationlaws

In relation to defamation , you should be able to prove the following:

"

§ 8343. Burden of proof.

(a) Burden of plaintiff.--In an action for defamation, the plaintiff has the burden of proving, when the issue is properly raised:

(1) The defamatory character of the communication.

(2) Its publication by the defendant.

(3) Its application to the plaintiff.

(4) The understanding by the recipient of its defamatory meaning.

(5) The understanding by the recipient of it as intended to be applied to the plaintiff.

(6) Special harm resulting to the plaintiff from its publication.

(7) Abuse of a conditionally privileged occasion.

(b) Burden of defendant.--In an action for defamation, the defendant has the burden of proving, when the issue is properly raised:

(1) The truth of the defamatory communication.

(2) The privileged character of the occasion on which it was published.

(3) The character of the subject matter of defamatory comment as of public concern."

I'm an independent legal expert and rely on your positive feedback today to get a credit for my time.

You do this by rating 5*****, 4**** or better.

So I hope you rate FIVE STARS today before your exit.

Thank You

Attorney Bill

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