The Common Law
Consumer law -- buying a defective product
By Luke Ellis, Fri., Dec. 19, 2003
Few things are more frustrating than spending hard-earned money on a product or service that doesn't work. If you had bought the equipment with a credit card, you could have disputed the credit card charge based on the fact that the product was defective. Nevertheless, even someone that uses cash has several options to try to recover money that was spent on a defective product.
Since the store employees have been unhelpful, you should first try to contact the customer service department at the company's headquarters. Assuming the company still refuses to resolve the issue, you could file a lawsuit against the company. Justice of the Peace courts are designed to accommodate smaller claims, and their proceedings tend to be a bit less formal, which often results in consumers representing themselves.
Or, if you would rather resolve the dispute without resorting to a lawsuit, you could contact the Central Texas Better Business Bureau at 445-2911. The BBB operates several dispute resolution alternatives, so take a look at their Web site to see if you might be eligible (www.centraltx.bbb.org). Another option is to file a written complaint with the consumer protection division of the attorney general's office. Your written complaint should identify the name and address of the business, describe what went wrong, and explain how you would like to resolve the problem. Be sure to send photocopies of any documents that are relevant to your complaint. The attorney general's office could select your case for its dispute resolution process or refer you to another agency that is better suited to help with your specific problem (go to the attorney general's Web site at www.oag.state.tx.us and click on Consumer Protection for more information). The attorney general's Web site also lists additional options for consumers in your situation. Regardless of which option you decide to pursue, just be sure to keep fighting to get your money back!
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Marrs, Ellis & Hodge LLP, www.mehlaw.com.
The material in this column is for informational purposes only. It does not constitute, nor is it a substitute for, legal advice. For advice on your specific facts and circumstances, consult a licensed attorney. You may wish to contact the Lawyer Referral Service of Central Texas, a non-profit public service of the Austin Bar Association, at 512-472-8303 or www.austinlrs.com.