Questions tagged [consumer-protection]

For questions related to the laws designed to protect consumers from fraudulent or unfair business practices.

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28 views

Telecom providers embezzlement India and Consumer protetcion Act 2019, India

According to telecom regulatory bodies of India, the connection for any Landline/Broadband or mobile should be close within 7 days of connection closure requests given by the customer, but one Telecom ...
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73 views

Is a certificate from a car dealership legally binding or can they unilaterally change the terms?

The car is purchased new from authorized dealership in New York State in 2014. To sweeten the deal, the dealership gives a certificate to buyer a certificate for free oil changes for as long as you ...
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Consumer Protection act India 2019 and damaged good return replacement and refund

Is there any clause in the consumer protection act 2019, which protects if the delivered product was delivered and defective, but the e-commerce company denied exchange or return? Also, There was a 7-...
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1answer
90 views

Orphan Devices and the Internet of Things

This is hypothetical, but similar fact patterns have occurred in reality. I'm interested in UK law here. Also, I'm not a law student, and this is not my homework. Suppose that Alice buys a Device. The ...
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1answer
20 views

Should a business testimonial advertisement without any contact information be used "as is" in a publication?

A testimonial advertisement was provided by a business (for their own endorsement) in a publication. Traditionally, print advertisements may need some sort of visual text contact information to be ...
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Consumer Protection Act, 2002 (Ontario, Canada) vs. Consumer Rights Act 2015 (UK)

Has anyone (e.g. legal academics) compared and contrasted Ontario's Consumer Protection Act, 2002 with the UK's Consumer Rights Act 2015? This Consumer Protection Act, 2002 Review Consultation Paper, ...
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1answer
101 views

Energy provider retrospectively canceld contract, switching consumer to default provider. Who has to pay difference of energy prices?

The German energy provider Stromio went out of business and canceled all end consumer contracts on the 21st of December. However, due to 'technical reasons' the email notifying customers of this ...
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0answers
27 views

Are (new) parts purchased from or replaced by the original manufacturer subject to protections under lemon laws as a new product?

Say, you purchase a passenger vehicle with some of the original warranty given by the manufacturer remaining. Knowing the typical issues with the vehicle, you decide to buy some spare parts — each new,...
2
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1answer
95 views

Mental health consumer rights (UK)

Are there any specific UK laws that deal with the following? I've struggled with mental health problems most of my adult life and am currently on the waiting list for an nhs referral to a psychiatrist....
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2answers
146 views

Holding refunds for pre-orders until the items become available

How legal is the following practice?: A store takes pre-orders for physical items. The items take much longer to become available than estimated. The customers get frustrated and request refund/...
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1answer
107 views

Are cheater plugs illegal in Ohio? If so, in what contexts?

A while back, I started a thread asking if cheater plugs (adapters allowing three-prong electronics to plug into two-prong outlets) are illegal in the USA: Are cheater plugs illegal in the USA? From ...
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190 views

Expediting refund from a store which takes time to process it

A small online store selling physical goods has failed to ship a purchased item within estimated timeframe and has agreed to refund (under $2,000). However, it is now taking time to process the refund,...
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66 views

Can a manufacturer be imposed civil penalties under Song-Beverly after a vehicle replacement was accepted?

Bob purchased a vehicle for $75,001 which eventually meets the lemon law presumption of the Song-Beverly Consumer Warranty Act, and Bob serves a statutory notice upon the manufacturer about its duties ...
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1answer
26 views

Arbitrator and choice of law

Given the arbitrator is in California, and the dispute is related to say Consumer protection issues in UK, what will be the choice of law during arbitration process?
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48 views

What is the scope of damages in common law fraud?

It appears to me that in case of fraud, the benefit-of-the-bargain rule defines the breadth and width of the liability of the tortfeasor in some U.S. states, and not strict liability. Do I understand ...
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1answer
75 views

Could Bob get gagged by a court on its own initiative? Is there any support for that in law?

This is a question based on the same fact pattern as set forth in this question: Can consumer Bob be gagged about a suit against Big Co. revealing major antitrust and policy-driven fraud causing ...
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1answer
79 views

Is this Bait and Switch?

I have been a CRAVE TV subscriber for years. This morning I received my annual notice of renewal and noticed it went up a few dollars, no big deal. I shrugged and went to watch CRAVE on my SmartTV and ...
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3answers
94 views

Can service on a potential civil suit defendant be performed directly even if their agent has demanded otherwise?

Bob buys a car that meets the "lemon-law" presumption of California's lemon laws; to collect civil penalties for non-willful violations, he needs to serve a notice on the manufacturer. But ...
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2answers
71 views

If notice in certified mail is required by statute, does that rule out compliance if one also asserts statutory confidentiality of settlement talks?

For example, the CLRA (Cal. Civ. Code §§ 1782, 1750, et seq.) requires notice of demand 30 days prior to the commencement of an action in certified or registered mail, return receipt requested, ...
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2answers
160 views

What is the legal basis, if any, for the idea that sellers are responsible for lost packages?

I recently had a package misdelivered/lost by USPS, and the small e-commerce retailer I purchased from refused to refund or replace, pointing to their “refund policy” which does include a line saying ...
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18 views

Bus. & Prof. Code § 17100 provides penal provisions; can Bob files suit if non-lawyer?

It is typically a prerequisite of attorneys that only those with sufficient experience take on any cases relating to violations of Unfair Trade Practices and False Advertising (Bus. & Prof. Code § ...
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4answers
461 views

Is it false advertising if an ad lies about the presentation of the ad but not about the product/service itself?

I have seen several ads whose premise is bringing regular people off the street and filming their reactions to a product or deal. Often these ads will claim that "these are real reactions from ...
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125 views

Dentist changed charge after the fact

My son needed dental work from our regular dentist(been with for about a year and a half), they had told they wanted to do several things that would cost over $1000 after my insurance. I told them to ...
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1answer
436 views

What do I need to do after being shipped a wrong order?

I recently ordered a book online, which is print-on-demand. On arrival I noticed that they printed the wrong book. Only the cover says the correct title of the book, but the content is completely ...
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3answers
201 views

Can I get my deposit back from a builder?

In April this year I contacted a local builder who had done work for me before. The agreed price was £10,000 and he asked for 50% deposit and 50% on completion with the work to commence within 6-10 ...
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5answers
6k views

Is Price Discrimination in the Software Industry legal in the US? (Sneakers resale software case)

There is a software manufacturer that advertises their product for $599 on their website. Conveniently, the software is always out of stock, while the manufacturer “backdoors” some licenses to a ...
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2answers
1k views

Does a duty of care arise from advertised functionality?

Credit card issuer advertises "account alerts" on its website and in other communications, e.g., to "receive a reminder when your payment is due". Customer sets up alerts, and ...
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2answers
2k views

What is a misrepresentation made after a contract is signed?

Consider the following scenario: Consumer opens a credit card account with bank, signs cardmember agreement Consumer uses card regularly, pays bills Consumer calls bank and closes credit card account ...
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1answer
226 views

Are cheater plugs illegal in the USA?

I just recently moved into an older house with many two-prong outlets. I have a cheater plug available, which I could use to convert a two-prong outlet to a three-prong one, and intended to get more ...
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31 views

Can an order from physical store be cancelled if delivery date keeps being pushed back several months after first delivery date? [duplicate]

I ordered a GE range at a physical store in my hometown on March 1st 2021 with scheduled delivery date in April. Since then the delivery has been pushed back 3 times with a vague promise in June for ...
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2answers
2k views

Can I compel a retailer to provide order details (serial number)?

Around 10 months ago I purchased some ear buds from a very large and well known high street retailer. I have had gadget insurance for about 5 years and I am now trying to make a claim for loss for the ...
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14 views

Is there a rule or law governing the reissue of or maintaining old invoices by a seller in Republic of India?

The product was purchased on 12th October 2019. There is an order id and order summary on the orders page of the consumer. But the consumer is unable to download or view the receipt due to a false ...
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1answer
141 views

Can we start a lawsuit against my colleges for having poor quality education during covid19

During covid19 most of the classes are basically shifted to online mode and all the awarded marks are just awarded based on googling skills as colleges have no infrastructure to conduct the courses ...
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1answer
48 views

I returned an order to a business online that has a "typical" return policy, and they have not issued a refund. How can I take legal action? [closed]

I ordered an item from business online that has a "typical" return policy, i.e., a full refund will be issued in, say, two weeks upon receiving the returned item, assuming that the item has ...
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60 views

What effect does this ruling have on the burden of proof, if any?

“[T]he Act does not require consumers to take any affirmative steps to secure relief for the failure of a manufacturer to service or repair a vehicle to conform to applicable warranties—other than, of ...
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3answers
99 views

Is a written promise relating to the “workmanship” of software and hardware components create an express warranty under Magnusson-Moss or U.C.C.?

A U.S. auto manufacturer promises in writing that its vehicles will, for the life of their vehicles, receive free hydrogen at its charging stations. Bob buys such a vehicle. Turns out the vehicle ...
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2answers
60 views

Can Bob, as a non-resident for the purposes of U.S. law, relay information of his consumer experiences to his embassy or consulate of a sending State?

Say, Bob, purchases a consumer product in the State of California where he is a resident for the purposes of California law although not a resident of the U.S., a State for the purposes of the 1961 ...
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1answer
103 views

Should Bob sue a company on his home field?

Bob uncovers and obtains overwhelming evidence of several, major consumer exploitation ploys consisting of several distinct schemes, practices and policies of a major auto manufacturer of his new ...
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1answer
3k views

"Lifetime Warranty" terms and conditions changed after purchase

Around four years ago I purchased a pair of William Painter sunglasses through a successful Kickstarter campaign. The campaign advertised a 'Lifetime Warranty', which they clarified in an FAQ on ...
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2answers
101 views

What is the definition of "retail" or "at retail" for the purposes of the Song-Beverly Consumer Warranty Act?

Bob, a private individual, visits a store in California — where Corp, the manufacturer, maintains a showroom — and proceeds to purchase a consumer goods. Bob, after explaining his needs relevant to ...
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2answers
67 views

Legal obligations regarding customer ratings and reviews

As a user, I expect user ratings and reviews (on shops like Amazon or review sites like IMDb) to provide an independent information about a product. I'm aware reviews could still be biased (e.g. ...
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1answer
143 views

How is it Legal for sites like Udemy to charge more than 517% (Literally) to it's existing users?

If you search for any courses in Udemy, when you are not logged in and Incognito (important, as they do cookie tracking and mix ups with pixel track as well). You will see a significantly low price. ...
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2answers
200 views

Can/shall I sue Domino's if I felt the manager was being racist?

Can I sue Domino's if the manager was being rude and also I feel he was doing that because he was racist? When I called Domino's for an order that was delayed by 20 minutes, instead of apologizing he ...
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1answer
105 views

Claim for damages where store is unable to deliver goods

Bob ordered/paid for an item exclusively stocked by a store in the UK in limited quantities, to be delivered to New Zealand by courier (normally delivered within 1 week of shipment). The item was in ...
23
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3answers
8k views

Is it legal for a store to accept payment by debit card but not be able to refund to it, even in event of staff's mistake?

A store accepts payment by payment cards, including debit and credit cards. Refunds are allowed, however due to a technical problem refunds cannot be made to debit cards. Sometimes a refund is ...
3
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1answer
153 views

Lemon Law: May civil penalties be assessed for the damages more than once and each up to 2 times thereafter?

Hypo... Bob buys a vehicle for $20,000 with a balance on the new vehicle warranty from the manufacturer; however, soon finds out that the engine, the AC and the radio do not conform to the written ...
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1answer
41 views

Is arbitration an "action or proceeding"?

Section 1681h of the Fair Credit Reporting Act grants limited qualified immunity to creditors, stating that: [...] no consumer may bring any action or proceeding in the nature of defamation, invasion ...
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1answer
51 views

Is it legal to sell food or supplement products online in unlabeled packaging?

As I understand it, the FDA requires labeling with specific information for food and supplement products in most cases, and steep potential penalties for "misbranding" if required ...
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2answers
246 views

Is advertising a product as "Chemical Free" false/misleading advertising?

Many products, often times foods or cleaning supplies use the phrase "Chemical Free" in their advertising and packaging. This is often used in products containing more naturally derived ...
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4answers
110 views

Is there some well known or established principle for this situation? Unfair jurisdictions and un-equal parties

Imagine a situation where an employer offers an employee a contract that stipulates that all disputes should be resolved by some arbitration panel in a tax haven. I don't know about America but I am ...

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