Questions tagged [consumer-protection]

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

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2answers
425 views

Merchantability of low quality video games & UCC 2-315

For the purposes of this question, let's assume an online retailer who sells digitally distributed video games, based in California, selling to a consumer in New York. The NY based consumer is using a ...
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1answer
271 views

Refusal to terminate tenancy with months notice

I am renting property in UK and today tried to give my months notice, however letting agency refused to accept it claiming that they can only accept it on 25th - day when agreement started, and that ...
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2answers
735 views

How to deal with a cheque fraud in my Westpac (Australian Bank) account?

I sold bitcoins worth of $9500 to a person who told me that he made cheque deposit to my account by using SMART ATM of Westpac bank. When I logged into my Westpac, it was showing that $9500 was ...
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1answer
193 views

Under English law, what limitations apply to arbitration of civil disputes?

Under U.S. law, almost all kinds of disputes between people who have contractual relationships with each other can be subject to binding arbitration with no appeal right or class action rights through ...
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0answers
100 views

Is store liable for “abandoning” my laptop left for repair?

I dropped off my MacBook Pro for repair at the local Apple Store, letting them know I wouldn't be in town for another 3 months-ish. After a month, they started contacting me via email and phone to ...
3
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1answer
349 views

After purchasing an item, then being issued a refund the item then arrived

I purchased an item at distance (in this case online), this item did not arrive until 2 weeks after the end of the delivery window. Towards the end of that 2 week period the seller was kind enough to ...
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2answers
162 views

Does a no-refunds policy trump being sent the wrong item?

Say I order a product online from an American company with a strict no-refunds policy. The item is, for example, a blue t-shirt. What I receive in the mail is a home tie-dyed t-shirt, with additional ...
2
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3answers
94 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 ...
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2answers
4k views

Collection agency trying to collect on parking ticket? (Is this advice accurate?)

I got a ticket from a private parking enforcement company for leaving the lot when I did not leave the lot (the ticket even specifies the place I theoretically went to). I've been trying to fight it ...
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1answer
474 views

Can a vendor cancel an order due to a pricing error?

I purchased some goods from a supplier which has now cancelled my order giving the reason as being a pricing error. However I had paid for the item and in their online portal it stated that my order ...
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0answers
116 views

Is this cancellation policy legal?

I reserved a motorhome in Iceland. On the invoice the cancellation policy was listed. I didn't pay the invoice and then cancelled the reservation 2 months prior to the starting date. I cancelled ...
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2answers
279 views

Do we have a term for things that's technically legal but practically fraudulent?

For example, in Sim Lim cases, customers are tricked into signing a contract where they won't get their phones. https://en.wikipedia.org/wiki/Sim_Lim_Square However, what the shop did is technically ...
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2answers
134 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 ...
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1answer
127 views

What is the legal grounds for the MA approved gun roster?

In Massachusetts, the attorney general's office ruled, many years ago, that only guns that they approve of, which have certain features, are legal to sell in the state. This regulation claimed to ...
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0answers
29 views

Is a (UK) retail company obliged to compensate their customer if the package was lost or stolen during international shipping? [duplicate]

I ordered shoes from a UK based company, to be delivered in the US. It turns out the package was delivered in a different state over 500 miles from the delivery address I provided. Incredibly, the ...
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1answer
1k views

Can a person sue for emotional distress as the victim of fraud?

Suppose I am the victim of fraud – e.g., I bought an item on eBay that the seller knew was counterfeit. Would the seller also be liable for damages of the emotional distress caused me by being ...
2
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2answers
671 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 ...
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1answer
67 views

Is listing an inapplicable warning illegal?

California Proposition 65 WARNING for exposure to Bisphenol A (BPA) from canned and bottled foods and beverages, is supposed to be on products that contain BPA. What about products that do not contain ...
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1answer
122 views

Why huge acquisition/marketing cost is only in insurance industry?

It's from Is a high % agent commission contract clause fraud in your jurisdiction? Here is the problem. This seems to only happen in insurance industry. Basically we have this insurance product ...
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1answer
116 views

Is it legal to deny service if I do not provide address?

In the UK almost every business will ask for your postcode and house number. For instance, two of the larger real-estate agencies in London refused to register me in their systems unless full and ...
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1answer
182 views

Are manufacturers allowed to refuse warranty because you did not purchase from an authorized dealer?

In Australia, are manufacturers allowed to refuse manufacturer warranty because you purchased their item from an unauthorized dealer or re seller? Or are they forced to fix my product? Also please ...
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2answers
92 views

Is the warranty valid by the day the product presents a defect or by the day the customer complains about the defect?

As an example, if a washing machine has a warranty of 12 months and it presented a defect 11 months and 29 days from purchase and the customer reported the product to the manufacturer 3 days later, ...
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1answer
37 views

How do product liability cases work in the US?

Upstate New York (US) here. Say I am a small-time maker of some simple electronics product. The product is tested/certified as being compliant with all applicable consumer safety (EMC, SAR, RF, EM ...
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1answer
83 views

Lemon Law: Do I have to let a manufacturer try to repair a Brand New Lemon?

I just bought a washer and drier, pretty expensive one ($2,000). It failed after 2 runs (YES TWO). It's brand new, and it's a piece of garbage (in terms of quality). So, I called to the store, they ...
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1answer
97 views

Tradesman charging twice - call out the full cost of service

I bought a stove and called an Electrician to install it at my rental property. He quoted me $240+GST and I agreed and paid up front. The Electrician called me back 30 minutes later saying the ...
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1answer
274 views

Can I sue my gas company if they disconnect my service without notice?

On the 13th my gas was disconnected without notice. When I called my gas company they said I was past due. I paid them the same day. My service was reconnected on the 15th. On the 15th I got a ...
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3answers
4k 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 ...
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1answer
63 views

Not getting refund on my credit card from a student accomodation

I am a Spanish post-grad who is doing an internship at a company in Dublin. I booked an accommodation with a student accommodation agency located in Dublin. They asked for a full year deposit even ...
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2answers
2k views

European consumer protection law for virtual goods?

I've purchased vanity content on two occasions on the game 'League of Legends' - April 6th and April 10th. I have now decided that I want my money returned (a combination of lack of friends any longer ...
3
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1answer
488 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 ...
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1answer
104 views

Has risk been transferred to the consumer?

I have a question about the passing of risk in the Consumer Rights Act 2015, in the context of the Consumer Contracts Regulations. If I order something addressed to myself, but at the address of my ...
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1answer
317 views

Is it legal for a company to scalp their own tickets?

Is it legal for a company to scalp their own tickets? I guess in this specific instance, the jurisdiction would be Illinois. I am curious because there seems to be evidence that the company who puts ...
3
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1answer
8k 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 ...
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0answers
86 views

What counts as a do not call request?

Suppose the following exchanges: Telemarketer: Hello, I'm calling from Company X which sells Y. Call Recipient A: Sorry, I'm not interested. and Telemarketer: Hello, I'm calling ...
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2answers
32 views

If a country gives visa after travel date can I take any action or claim any compensation?

I had applied for a VISA for USA. During application, I'd given my dates of travel. However, my VISA was issued hours after the scheduled departure of my flight due to which I had to reschedule the ...
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1answer
164 views

Software patents implications and ramifications to the end user

Software patents affect a small part of the world. As a citizen of a state, where software patents are not a thing, I am personally not concerned with that. However, as a developer I am concerned with ...
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5answers
856 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 ...
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0answers
29 views

Possible to receive compensation as part of a class right after the submission deadline?

A friend and I learned that we are a members of a class moments before the deadline to submit the required forms for the settlement. That deadline was approved by a judge, and therefore I think it is ...
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4answers
101 views

Do US companies have an obligation to protect of personal information?

Under the European law, companies have an obligation to protect personal data. Do US companies have the same obligations?
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2answers
142 views

Can my phone provider legally upgrade my phone OS without my consent?

I wonder whether my phone provider can legally upgrade my phone's operating system without my consent. I am most interested in the United States, especially California and Massachusetts.
2
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2answers
94 views

Returning one product when several were purchased at the same time

I have bought two products (services): specifically two parts of a university training course (ITT (Initial Teacher Training) and masters units leading to PGCE). Both are sold separately. I no longer ...
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2answers
307 views

UK Consumer Rights - Closed-loop watercooler leak caused damage to other components

I received a replacement closed-loop (meaning it does not need refilling and has no way of leaking) watercooler from a very well known company as my old one had a failed pump. Within a couple of days, ...
2
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2answers
419 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 ...
3
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1answer
580 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
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1answer
290 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 ...
6
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2answers
179 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 ...
2
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1answer
111 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 ...
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2answers
106 views

Is it OK to charge for a component or service that is fully available in a free version?

Suppose I am a television manufacturer. I produce TVs that can (and do) show High-Definition broadcasts as well as standard definition broadcasts. For marketing purposes, I clearly state that all my ...
3
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0answers
67 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 ...
3
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1answer
849 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 ...