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Questions tagged [consumer-protection]

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

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9
votes
3answers
1k views

Is there any law that Windows 10 “spying” might violate?

Windows 10 terms of service document includes Microsoft privacy statement which contains the following excerpt (as cited on http://bgr.com/2015/07/31/windows-10-upgrade-spying-how-to-opt-out/) ...
7
votes
3answers
2k views

Can a service provider force a price increase?

My ISP has notified me that my Internet service package "will no longer be available" and that they will upgrade my service to a new package, at a higher price. When I signed up over 5 years ago, I ...
6
votes
1answer
172 views

Dispute unpaid debt of a deceased family member

My elderly relative died in December 2018. Her gardener has now (January 2019) sent us an itemised invoice. The items begin in March 2018 and end in November (my relative last left the house in ...
6
votes
2answers
167 views

Can someone be enforced to pay the difference if they were charged incorrectly in the first place?

I'm in New Zealand, but I'd be happy to hear an answer for your jurisdiction too. Due to a glitch in a billing system a single client was billed for some monthly service zero dollars. That client has ...
6
votes
1answer
193 views

Does EU consumer law apply on products purchased in the EU but used abroad?

A product (computer) was purchased in a EU country, from a EU retailer, by a EU citizen, and paid for from a EU bank account, but is currently being used outside the EU (in Asia) because the owner is ...
5
votes
2answers
160 views

Is an 'MP3/MP4 Player' that cannot play .mp4 files, “misdescribed” under the Sales of Goods Act 1979?

We recently purchased an mp3 player from argos (908/2218), which is labelled as "Philips SA4VBE08KN/12 GoGear VIBE 8GB MP3/MP4 Player". This item is excluded from their 30-day return policy. We'd ...
5
votes
4answers
388 views

Is less than 3 years a legally sufficient lifespan for a TV in the UK/EU?

I purchased an LG TV from Argos on 26/05/2015. Problems began around six months ago, with a dot surrounded by a circle flickering in a specific place on the backlight (not the pixels themselves, only ...
5
votes
3answers
2k views

Disappearing ink on receipts: do sellers have to make the receipt that is visible at least X number of days?

The issue with disappearing ink on receipts is notorious. Are sellers required to make the receipt visible at least X number of days? I am mostly interested in the following locations: California, ...
5
votes
1answer
280 views

Is it legal to make two competing brands of the same product without making the public aware of the common source?

Suppose I create rocket boots and brand them as "Super Jumpers". After a couple months of selling them, I stealthily create a new brand of rocket boots called "Mega Fliers". I do not publicly reveal ...
5
votes
2answers
124 views

Are loose in-box licensing agreements binding?

I just purchased a vacuum cleaner and upon opening the box, there was a loose sheet of paper with a licensing agreement. The agreement said that using the product constituted acceptance of the ...
5
votes
1answer
126 views

Is the non-availability of an accessory a defect of the main product?

I am currently trying to understand the details of the German law about defects ("Sachmangel, § 434 BGB") and misleading advertising ("Gesetz gegen den unlauteren Wettbewerb (UWG), § 5 Irreführende ...
4
votes
3answers
159 views

Are companies allowed to lie about “offer expires in X days!!”

Often companies online state that they have "limited time offers", where you can buy a product for a discount. However, i'm sometimes suspicious about this, and suspect that they're not limited ...
4
votes
1answer
74 views

What if rules for a public transport are only visible on a website and not in Metro / Bus?

I live in Barcelona / Spain and recently got fined in a Metro for something I had no idea was illegal. I entered the Metro zone with my girlefriend and we both used the same card (It's legal with ...
4
votes
5answers
715 views

Estate agents faking an offer on a property

I was recently viewing a property to buy in the UK, with an asking price of £400k. On the day of the viewing, but before my appointment, the estate agent informed me that two offers had already been ...
4
votes
1answer
89 views

Recording a phone conversation with customer support/sales

I understand the law about private communications in person and over the phone not allowing recording. However, in cases where a consumer records a conversation between him and a company offering them ...
4
votes
2answers
1k views

Since when is CAN bus mandatory for new vehicles?

The CAN bus Wikipedia page states that: CAN bus is one of five protocols used in the on-board diagnostics (OBD)-II vehicle diagnostics standard. The OBD-II standard has been mandatory for all ...
4
votes
1answer
93 views

Can I fight a charge from forgetting to cancel a subscription?

I just got charged a substantial fee for renewing some domains that are years old, (old enough that my card on file had expired, so I don't know how they even managed to charge it) that I had ...
4
votes
0answers
158 views

Can a university in EU refuse to grant me a degree after I completed studies?

I have completed a 120 ECTS Master program in a research university in the Netherlands. However, to get a diploma, I need to make a separate application. I did not apply for the diploma in time before ...
3
votes
1answer
7k views

Does manually crossing out terms in a printed and signed contract actually change the contract?

Let's say that a typed contract is handed to someone (a new tenant, potential employee, potential customer etc.), and they (the tenant/employee/customer) cross out clauses with a pen. Lets say that ...
3
votes
1answer
168 views

I bought an apartment on plan and it doesn't seems to respect the acoustic standards. What can I do?

I bought in 2015 an apartment on plan (Belgium). In the specifications it was mentioned that the belgian acoustic standard of 2008 "NBN S 01-400-1" would be respected. I received the keys in November ...
3
votes
1answer
132 views

Can a store ban me?

Recently I visited a franchise of a major shipping company. I witnessed verbally abusive behavior between two employees there. I was so astonished that I immediately reported this to the store ...
3
votes
1answer
459 views

When a used car is sold “as-is”, does that excuse seller from selling the car with smog certificate in California?

California law states the seller is always responsible for selling the car with a smog certificate. If the seller sells the car saying it is "as-is" does that excuses him/her from previously obtaining ...
3
votes
1answer
89 views

UK: Returning damaged items without option for free replacement?

I live outside of the UK, not a UK citizen or resident (I am also not a resident of the European Union), but I bought several items in the online store of a large UK department store chain. The ...
3
votes
1answer
193 views

How can auto sale contract be breached

Customer goes to a dealership in Texas to buy a used car. Car is test driven and customer likes it. Customer makes agreement to buy the car, and they settle on a price. Customer signs a deal with a ...
3
votes
1answer
182 views

Is O'Reilly Media engaging in false advertising?

Background: I own copies of several fairly expensive paper books published by O'Reilly Media. One of my primary reasons for buying these books instead of alternatives from competing publishers, was ...
3
votes
1answer
175 views

Is it legal for banks to transfer money without account holder's permission

Suppose someone takes a personal loan from a bank and defaults on a payment. Can the bank unilaterally take money from other accounts he may have at that bank to make the required loan payments? Can ...
3
votes
1answer
764 views

Is there a “lemon law” that applies to product lines?

I have a gadget that I purchased ($150), and it's in warranty. I like the item's concept, but it's defective (occasional electronics failure). After doing some research I realized it's a widespread ...
3
votes
1answer
219 views

Company claims they never received my check but I have the cleared check image from my bank and money was deducted. Who is liable?

I sent a check (~$1,500) through my online bill pay service to a company. That company claims they never received the check but the checked cleared and the money was deducted from my account. I have ...
3
votes
1answer
511 views

Is it legal to access open wifi networks without permission

Let's say if my neighbor keeps his/her wifi-network security open and my wifi settings are set to automatically connect to open wireless networks as they don't need any key to access. Then ...
3
votes
1answer
47 views

Is CE marking necessary for product used by myself?

I have made a device to take and print pictures during parties and social meetings, as part of my job (party organizer). If I sell this device, it would fall under "Low Voltage Electronic Device" ...
3
votes
1answer
97 views

Received defective Rx. Pharmacy and manufacturer refuses to refund me

I need advice on how I can get a refund on a defective ~$186 Sam's Club prescription. They were not only ineffective, but I experienced withdrawal symptoms taking those. What legal recourse do I have?...
3
votes
1answer
149 views

Consumer rights (UK) - OEM operating system purchased on the basis on invalid requirements

Let's say I purchase an Operating System (let's call it, Microsoft Windows 10 Home Edition) from an online retailer. It turns out this is an OEM license, so perhaps not entirely as legitimate as it ...
3
votes
0answers
47 views

Defective software update instructions irreparably breaks product. Do any UK consumer or product liability laws apply?

Note - I'm not asking legal advice. I already have a basis of claim in my actual case. But the case prompted a question mark over an apparent loophole in UK consumer protection/product liability law, ...
3
votes
0answers
82 views

Is it legal for a retailer to modify a product to remove best before dates and batch numbers?

We manufacture and supply to retailers in the US, via a distributor, a trademarked liquid animal feed product. Recently we have discovered that one of the retailers has been wiping off the best before ...
3
votes
0answers
65 views

Returning goods bought online in Poland as foreigner

I am a Czech national living just at the Polish border. I want to buy a laptop online at Polish online store called Morele.net. The store offers the goods to be sent to a Polish post office for pickup ...
2
votes
2answers
9k views

Can a store accuse me of something and ban me without proof?

A chain store that I frequent has banned me from their store, citing that I was seen stealing merchandise. I've NEVER stolen anything from their store (or any other store of this chain) before, and ...
2
votes
3answers
78 views

Discovered defect after purchase of a second-hand item from a private seller

I recently bought a second-hand bike from a private seller. On the second day after I bought it, I discovered a problem with the rear tyre, which was not disclosed to me by the seller. The seller let ...
2
votes
2answers
488 views

EU Consumer Goods Guarantee, who is responsible the Retailer or Manufacturer?

The title of the question basically sums up my question but for completeness I will provide some more details. Roughly 15 months ago I entered into a contract with a large phone service provided who ...
2
votes
2answers
3k views

Can a restaurant or retailer be held to “posted” prices?

I walked into a fast food restaurant in New York City where a large poster in the front of the store advertised a new dinner special for $6.99. That was quite a bargain so I went to the counter and ...
2
votes
2answers
152 views

Why is Sim Lim Scammer in Jail even though technically his victims agree?

https://coconuts.co/singapore/news/33-months-jail-sim-lim-square-conman-jover-chew-whos-getting-treatment-depression/ Sim Lim scammer is in jail for "scamming". That one is obvious. We sort of know ...
2
votes
2answers
619 views

Fighting false debt collection

I went to a dentist, whose name doesn't belong here, got some xrays and a prescription. The bill was $104.00, which I paid the same day. Next thing I know, they are sending me to collections for ...
2
votes
2answers
333 views

Do both parties need to explicitly agree upon price of service before doing it?

For example, when one goes to dentist, he might ask you "Do you want me to fix cavity for you?" without explicitly disclosing the price for the service at that time. Then, if you say "Yes", they do ...
2
votes
2answers
291 views

Can someone sue me as a customer service representative?

I'm new to this job and it seems that a company that I work for sued a lot of customers and also many customers sued it. Some customers say to me if you didn't do it now, we're going to sue the ...
2
votes
1answer
100 views

What's the next step if a debt collector doesn't respond to my debt dispute?

A month ago I received a debt collection letter about an alleged unpaid tax bill. I did not recognize the bill, and had definitely never heard of it before this, so I sent them a letter within a few ...
2
votes
1answer
87 views

Apartment sending advertisements to me without option to opt out

I apologize if this has been answered before, I see similar questions although under slightly different circumstances. I am currently renting an apartment in Texas. My rental company uses SMS to ...
2
votes
4answers
245 views

Can a gym ban me without actual proof of me taking a picture?

TL;DR I have a gym membership that allows me to use multiple locations. Another location told me I'm allowed to visit only 10x per month. I pulled out my phone to write down the name of the employee. ...
2
votes
1answer
69 views

New Car Sold without Incident Reported

Suppose a customer went into a dealership to buy a new car. It is dark outside, but the customer notices a scratch before the sale and everyone agrees that it will be fixed. After seeing the car in ...
2
votes
1answer
104 views

UK Ambiguous Contract and Debt Collection

In the UK, if a service provider interprets a contract in a way believed to be unfair by the consumer (say for arguments sake they believe the consumer owes them £50), are they allowed to immediately ...
2
votes
1answer
54 views

In Arizona, can a company require you to cancel a subscription service in person?

A subscription service in Arizona is claiming their service can only be cancelled at the customer's home office, in-person, which is the one that the customer originally signed up with. What if the ...
2
votes
1answer
160 views

We sold a salvage car as-is. The buyer can't get it Titled. Do we have to fix it?

We recently sold a car that we weren't aware there was a salvage title on. The money has already been exchanged and the title signed over to them. The buyers, discovering its salvage status, are now ...