• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Next step in returning defective product?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

NothingIsSimple

Junior Member
What is the name of your state? CA

On November 4, 2004, I purchased a computer desk from a well known Electronics store. When I took out the "Easy To Assemble" fifteen page Instruction Book-let, I decided to ask a friend to help me. Due to the holidays, we were not able to hook up. So the product remained in the box untouched.

On December 26, 2004, I had a message on answering machine from a gentleman, stating he was with the Consumer Product Protection Agency, and that they were in the midst of recalling this desk and that the intructions for assembly were incorrect and his words "worthless". He then said that they would be getting back to me on what to do with this desk. He gave his name and Agency name but left me no number, so I am going to see if I have any luck by calling a general info number for that agency.

In the meantime, (waiting for him to contact me again, which to date he has not) I called the manufacturer. The receptionist transferred my call to a woman who should have been able to help me. I left her a message, as she was out of her office, and said that if the instructions were the only problem, I would be happy with the correct assembly instructions mailed to me. This was in January, and have never received a return call.

Now, it is Feb. 1, 2005. I went back to the store and spoke the manager of computer section (I'm sorry but this kid looked like he was all of 20 yrs old and I know, I know ....). He said since it was past 30 days, he couldnt help me. I asked to speak with his manager. Prior to this he stated he knew nothing of a recall and they no longer carried the desk. Yet, when we were done speaking I walked right over to it on the floor. It appeared from general appearance that it was not an item for sale and had no price tag on it. In looking at all their computer desks next to this same desk I had purchased, I saw they were all from the same manufacturer.

Anyway, after requesting to speak with his manager, he changed his mind and said he would ok it provided it was in the same condition as when purchased, because he wanted to be able to "resell" it. He asked if I had brought the desk and I told him I had to have help getting it into car and out of car, as it is too heavy for one person to lift, so no, I did not have it with me.

Dummy me, it did not click when he said "resell" until I was driving home. Unethical......definitely, but is it illegal? Also, this store does mega bucks in business because of great prices, however, it is close to an Act of Congress when returning ANY product, and I know when I take desk back, that I will go through the entire hassel again, as it has happened to me twice before.

Whether I am able to locate this person from the Consumer Product Protection agency, or not, should I request speaking to the head manger of the computer section or whoever is next in the chain of command. I say this because I am going to be told it is past 30 days, yada yada yada. Furthermore it was past 30 days when I got the call regarding the product recall. And if I do speak with upper mgmnt, what to do about the "resale" statement?

Had I had the desk with me, it would probably be a done deal, but I'm a little person and single, and I have to find someone to help me lift into car then get store personnel to help me get out of car and into a cart, and I knew I would end up going round and round in returning it. Therefore, I chose to inquire before loading and unloading, only to be told they would not refund, then have to reload into car and get help unloading. It's huge and not something I can have in my car in day to day driving and hangs out the back of trunk. So, do you see, what a pain it would have been.

In fact, I will be surprised to see same "mgr" of computer area or computer accessories area, still working there. I say that considering his age and the well known fact, the store has a big turnover.

If I cannot locate the person who left me the "recall defective product" call, and after calling the manufacturer again, with no luck, and the store refuses to refund my cash purchase, ......would my next step be Small Claims Court?

I swear, things are so complicated anymore.........

Thanks for your time and any assistance will be greatly appreciated.
 



Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
Top