How can I get the return my original equipment since I was not satisfied with the product?
Full Question:
Answer:
Consumer protection encompasses a broad range of consumer
issues including, credit, utilities, services and goods. Many consumer
complaints arise from simple disputes that may be resolved through
communication between the consumer and the business. Others, however,
may accuse a manufacturer or seller of engaging in fraudulent
transactions. Consumers are protected under both state and federal laws.
Each state Attorney General's office has some type of public protection
division responsible for enforcing the rights of consumers in business
and service transactions and to protect the civil rights of citizens.
Federal standards are enforced by the Federal Trade Commission, which
oversees a number of consumer protection laws.
Consumer disputes may be based in contract law. Courts must enforce
valid contracts, unless one party has legal grounds to bar enforcement.
Consumers and commercial entities both depend on the enforceability of
contracts when conducting business relations. When consumers or
commercial entities enter a contract to buy goods or services at a
particular price, in a particular amount, or of a particular quality,
they expect the seller to deliver goods and services that conform to the
contract. A legal action for breach of contract arises when at least one
party's performance does not live up to the terms of the contract and
causes the other party to suffer economic damage or other types of
measurable injury, including any loss suffered by the plaintiff in
having to buy replacement goods or services. Contract disputes may be
governed by the common law, statutory law, or both, which vary by state.
One remedy for breach of a contract is restitution, a remedy designed to
restore the injured party to the position occupied prior to the
formation of the contract. Restitution aims at returning to the
plaintiff any money or property given to the defendant under the
contract. Plaintiffs typically seek restitution when contracts they have
entered are voided by courts due to a defendant's incompetence or
incapacity.
A consumer must consider a merchant’s return, exchange and refund
policies when making a return of a purchase of which he or she is not
satisfied. Additionally, if the product itself is somehow defective,
buyers should try to discover the warranties or guarantees that cover
the product. A warranty (also known as a guarantee) is a type of
assurance from the manufacturer or merchant about the quality of goods
or services purchased and gives consumers recourse if something they buy
fails to live up to what they were promised. Warranties take two forms:
implied or expressed. Almost everything customers buy comes with the
implied warranty of merchantability (that a new product will work
correctly as long as customers use it for a reasonably expected purpose)
and the implied warranty of fitness (that the product will meet a
specific need of the consumer if they explained their need to the
merchant). Expressed warranties are usually written and included with
the product. When a product fails to perform, it will be replaced or
repaired, or the consumer will be given a refund or a credit toward
another product. Warranty problems occur when the company has misstated
its policy, or when the language included in the warranty is confusing
and is misinterpreted by the parties. It is the seller's responsibility
to make sure that the warranty's language and intent is clear.
The Magnuson-Moss Warranty Act provides comprehensive information to
consumers about their rights under written product warranties. Under the
Act, the company issuing the warranty or the seller must make sure the
warranty is written in a single document that is clearly written and
easy to understand. No deceptive or misleading terms are permitted in a
written warranty under Magnuson-Moss. Magnuson-Moss makes breach of
warranty a violation of federal law and allows plaintiffs to recover
court costs and reasonable attorney's fees. Under Magnuson-Moss,
companies can include a provision in their warranties that requires
customers to attempt to resolve warranty disputes through informal means
such as dispute resolution mechanisms. For a company to be able to
require this option, it has to meet certain requirements as stated in
the FTC's Rule on Informal Dispute Settlement Procedures, which is a set
of guidelines that requires the company to provide a means of resolution
that is adequately funded and staffed to resolve disputes quickly, free
of charge to customers, be able to gather all necessary facts and make
decisions independently, and be audited annually to ensure compliance.
This function can be performed by a third party (such as the Better
Business Bureau) or by employees specifically on staff to handle
warranty disputes objectively. Among the means of settling the dispute
can be conciliation, mediation, and arbitration; if either party is
still dissatisfied, the matter can still be brought to court.
Although there are laws to protect consumers who buy defective products
or who are led to make purchases based on misleading advertising, there
is generally no rule or law that absolutely requires merchants to offer
certain refunds, exchanges or credits on the items they sell. Merchants
can set their own policies on refunds and exchanges. The FTC recommends
that consumers attempt to resolve a problem directly with the seller and
if unsuccessful, consider filing a claim in small claims court if the
dispute involves less than a relatively small amount of money.
Ultimately, however, it can be expensive and time-consuming to file a
lawsuit against a merchant, even in small claims court. A consumer
should consider other alternatives, such as complaining to a trade
organization of which the merchant is a member, participating in
assistance or mediation services through the local Better Business
Bureau mediation program, contacting the Federal Trade Commission,
contacting the state, county, or municipal consumer affairs department,
or by writing a complaint letter. It is a good idea for a customer to
inform the merchant about what he intends to do as sometimes this may be
enough to settle the matter. If not, the customer needs to be ready to
follow through with his or her plan. Before the customer sends a
complaint letter to a consumer or regulatory authority, the customer
should consider sending a copy of the letter to the merchant, in
advance. They can advise the merchant that the letter will be sent in
five business days if the matter is not resolved. Sometimes, the mere
threat of action can bring about resolution.