How do I get my refund if I returned an item and have confirmation but the company has given me no response?

I ordered a phone 8 months ago that I returned it a week later unopened. They continued to take payments out of my paychecks after the item was returned and I received the email confirmation that the item was signed for by the company when delivered. They stated they did not receive the item and asked me to forward them the email for confirmation of delivery. A few days after doing, so I got no response so I called and was transferred to several people with no answers. I emailed them several times and received the same email two times stating that someone would contact me within one business day. I received no calls or emails and am no longer getting a response.

Asked on July 6, 2014 under Business Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

First, be aware that you  may not be entitled to a refund: the law does not require refunds unless:

1) the item was damaged or nonfunctional;

2) the item was not as advertised or not what you ordered (non-conforming); or

3) the seller voluntarily had some refund policy, with which you fully complied.

Apart from the above, sales may be final, so depending on the seller's policy and the circumstances, you may have not entitlement to a refund.

Second, even if you are entitled to a refund, if the business will not give you one, you'd have to sue to get it, which may not be worthwhile unless it was a fairly expensive item. If it's a local business (one you can sue in small claims court; and you're willing to be your own attorney), it may be worthwhile as long as the amount of salary/wages you'd lose by spending a day in court (assume that with the calendar call, waiting for trial and/or medication, conducting a trial and/or mediation, etc. it will take the better part of a day) is less than what you'd get back from the return/refund.

If it's not a local business, you can't sue in small claims court--you'd need to file in regular county court and you'd effectively need an attorney. That would require an item costing several thousand dollars to justify the cost of the legal action.


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