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Is it a fraud to sell a returned item as new ?

Discussion in 'Consumer Fraud & Scams' started by Indy, Jul 30, 2015.

  1. Indy

    Indy Law Topic Starter New Member

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    Jurisdiction:
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    My neighbor bought a monitor from an electronics super store and found that it was defective after taking it home. She also found that there were two layers of packaging tapes on the box suggesting that it had been returned by another customer. Since she doesn’t drive she had to take a cab back to the store to return the monitor the next day. She told the store manager that it was a fraud to sell a returned item as new and demanded that he gives her a refund for the monitor and pays the cab fare of over $50. The manager admitted that the monitor had been returned by another customer and issued her a refund for it but refused to pay the cab fare. Now she’s thinking about taking this matter to a small claim-court but does she have a case against this store ? If the answer is yes, will she also be able to get them to pay her cab fare of over $100 for her trips to and from the court ? Thanks in advance for your help.
     
    Last edited: Jul 30, 2015
  2. army judge

    army judge Super Moderator

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    Your friend can sue anyone she wishes. She can sue the store for $50,000,000. It's highly unlikely she'll recover 50¢. As her friend,I'd advise her to be grateful she got ALL of her purchase CHEERFULLY refunded.

    As far as fraud, that's a legal determination that would only issue upon the completion and verdict of a criminal trial. That can't occur in small liars, err, claims court!!!
     
    Indy likes this.
  3. ElleMD

    ElleMD Well-Known Member

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    If it was not used and just returned, it is still new. If it was re-taped, your friend should have seen it when purchased and could have inquired then. Transportation costs to go shopping and to court are not owed. How a person chooses to travel is not the concern of the other party. Perhaps she should have asked a friend for a ride.
     
  4. Betty3

    Betty3 Super Moderator

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    I can't see the store paying her taxi fare. It wasn't the store's responsibility that she get back to the store to return the item. They did take the item back - she should be glad they did that.
     
    Nurse911 likes this.
  5. Indy

    Indy Law Topic Starter New Member

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    Thanks for all the responses. I've told her about this thread but she still thinks she has a case so I told her to come here and post more details if I missed something.
     
  6. ElleMD

    ElleMD Well-Known Member

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    If she is that convinced she has a case, she should consult an attorney. It will cost her more to pursue this than she could ever hope to collect, but anyone is welcome to try.
     
  7. Betty3

    Betty3 Super Moderator

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    She could sue in small claims court without an attorney for the amount she believes she is owed. However, for the amount she would probably collect & that is if she wins it probably would not be worth the hassle.
     
  8. Indy

    Indy Law Topic Starter New Member

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    Update:
    The store manager has agreed to give her a big discount on a different monitor and to have it delivered to her free of charge. Thanks again for all your responses.
     
  9. Betty3

    Betty3 Super Moderator

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    I'm glad things worked out for her.
     

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