What can I do if I received an item that was not as promised?

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What can I do if I received an item that was not as promised?

I purchased a cell phone from the website of mobile phone service provider and its website explains that the phone will be refurbished but “look like-new out of the box”. However, I received it in poor condition and customer support is saying they will not replace it because the condition I received my phone in is considered acceptable. This “policy”, or claim, is inconsistent with what they promise on their website. It is a seriously dishonest scam on their part. Can I do something about this legally?

Asked on December 24, 2015 under Business Law, Virginia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

You can file a complaint with the FCC, which looks into deceptive advertising, and/or with your state attorney general. In theory, you could sue them to cancel the transaction and get your money back, but that is not likely economically worthwhile.


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