What kind of legal action can I take? Concerns store in mall.

Litigation 5 views 5 answers
I purchased earrings from one of the mall booths at the mall; I asked the associate for 18 mm earrings he handed me 4. I found that they were not 18 mm but 16mm. After much hassle the associates manager returned only 3 of the 4 "because [I] wore one". She never gave my original receipt back or return receipt. She said, "I need the original receipt for my records and I don't give copies for return receipts because we don't usually allow returns." So in other words, I was given no documents. My return never showed up after a 5 days like it was supposed to. I went back and the manager told me it's my credit card companies fault (It's not). And she said she won't fix my return. What can I do? She technically had me return my earrings without giving me a refund.

Attorney Answers

5
Robert Vance SalterDivorce / Separation LawyerWheat Ridge, CO ·
It sounds like you could take the matter to small claims court to pursue a refund. You will have to compare the money you spent on the earrings with the time you will spend taking the matter to court and determine whether your time is better spent on that or doing something else.
0 upvotes
Richard Bryans ·
Call your credit card company and have them rescind the sale and charge back the earring vendor for the amount. They (your card company) will deal with the vendor.
0 upvotes
Hans Tuft ·
One of the best ways to dispute this kind of consumer dispute is to contact your credit card company and dispute the charge. The Fair Credit Billing Act (FCBA) applies to "open end" credit accounts, like credit cards, and revolving charge accounts, like department store accounts. You can find more information on making these kinds of disputes at the Federal Trade Commission's website here: http://www.consumer.ftc.gov/articles/0219-dispu...
0 upvotes
Jennifer J WirschingFederal Crime LawyerGlendale, CA ·
This is not a criminal law question. This isn't even really a civil law question as I doubt the price of the earrings are more than the cost to file a lawsuit. Lesson - don't deal with mall carts.
0 upvotes
Jeffery Weeden ·
I've retagged your question for more appropriate areas. You are probably best served to continue to try and work it out with the owner. You can file a claim in small claims court but it is perhaps not worth the time, energy and effort. Good luck.
0 upvotes

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