Questions tagged [consumer-protection]

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

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42 views

If notice in certified mail is required by statut, 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
143 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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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
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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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2answers
96 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
420 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
138 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
167 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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1k 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
139 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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57 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
55 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
101 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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93 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
65 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
123 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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166 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 ...
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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 ...
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1answer
146 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
38 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
46 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
165 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
106 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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1answer
79 views

Can I have a collections report removed from my credit history?

I have a collections report on my credit history. The credit card company raised the minimum payment without notifying me or raising the automatic payment I set up for the minimum amount. I hadn't ...
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5answers
6k views

Is it legal for an oil company to charge customers a different price per gallon for the same oil?

I found out recently that my oil company is charging me and some of my neighbors almost twice as much as other neighbors for the same type of oil. The difference is per gallon so the amount shouldn't ...
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3answers
59 views

Can a claim be litigated after a arbitration?

Consider this scenario: Consumer signs a mandatory arbitration clause with a creditor that does not require Fair Credit Reporting Act (FCRA) claims to be arbitrated Creditor reports inaccurate ...
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1answer
43 views

Can a consumer bring an FCRA claim twice concerning the same inaccuracy?

In the context of the Fair Credit Reporting Act, a consumer has no private right to action to sue a creditor for reporting inaccurate information to a credit reporting agency (CRA). A consumer does ...
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0answers
54 views

UK - subscription fee introduced months after hardware purchase

I purchased a Cricut Joy in the UK a few months ago. Without warning or previous indication, Cricut have introduced a subscription fee to use the device I paid for, in full, with my own files more ...
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1answer
121 views

Using Whatsapp for Legal Communication UK?

I currently have a consumer rights dispute over a car and have been trying to resolve it through communication via WhatsApp, as the only method i had to communicate with the Dealer. I have followed ...
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1answer
63 views

How to make a complaint as a comsumer in Germany without going to court?

I'm not familiar with German law, but I'd like to complain about a certain international company as I was tricked by a company to pay to use a method that was shut down by the company online and many ...
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1answer
102 views

Consumer Rights 2015 (U.K.): Wear & Tear dispute over a vehicle

I am planning to go to a small claims court about a Consumer Rights Act issue on a second-hand vehicle. The trader that sold the second-hand vehicle claims that it's the result of wear and tear. His ...
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1answer
191 views

Is it legal for Steam to disable content on my PC?

Some time ago I've downloaded the Demo for the game "Observer" on the Steam platform. I didn't play it immediately though. A few weeks ago I wanted to give it a try and was shocked to find a ...
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1answer
96 views

Consumer Rights 2015 (U.K.): Faulty vehicle & Trader avoids responsibility and cannot reach him

I have been sold a faulty vehicle by a second-hand car dealer. The place is in the United Kingdom. According to the Consumer Rights Act 2015 I can claim a full refund if I request it under 30 days. ...
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3answers
231 views

Is it legal to sell un-trippable circuit breakers?

About a week ago, the popular YouTuber bigclivedotcom uploaded this video, in which he showed a "circuit breaker", which on the outside seems marked appropriately, but is entirely non-...
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1answer
36 views

Is it ever doctor's responsibility to ensure insurance coverage for services received? California

If patient before appointment gives explicit instructions to doctor to proceed with appointment only if patient's insurance would fully cover appointment; and then doctor in writing confirms that ...
2
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1answer
66 views

Is it legal to divulge information about a company (kindergarten) online in Austria?

The situation is the following: We have made a very bad experience with a kindergarten in Vienna and would like to divulge (make public) the experience we made with this kindergarten. This would ...
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2answers
65 views

Clarify section of the Hire Purchase Act

can someone let me know if i'm reading this correctly. Is point 2 stating that if I purchase a vehicle from a private seller, and he/she does not inform me that the vehicle is subject to a hire ...
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2answers
1k views

Insurance - Forced to call for cancellation

I purchased the insurance cover online, without having to use any phone/landline. It's now close to expiration, and there's auto-renewal which I have no option to disable. In order to cancel the ...
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0answers
41 views

Requirement that terms not defined in a contract can only rely on the industry definition if "ubiquitous"

I had a reference to a case in english law where the judgment was that the supplier could not rely on the standard definition of a term within the industry, unless the other party was also active ...
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2answers
168 views

If I warn British Airways that carrying me would break government orders, would they have any legal obligation to serve me a banning notice+refund?

I am not allowed to travel from London to my mum in Inverness for Christmas by UK government order (see https://www.gov.uk/guidance/tier-4-stay-at-home): "If you live in a Tier 4 area, you must ...
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1answer
38 views

Do public colleges in the US have to follow education laws on misrepresentation (34 CFR § 668.71-75)?

The registrar at a public college in the US claims that a lecture course is "substantially equivalent" to a course that was to be held in a lab to teach lab skills. They also claim that ...

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