Submitted by Jamesboyd on Mon, 11/08/2010 - 09:29
Posted in
I bought a 50" flat screen from a big electronics store two weeks ago. I got it home and when I started unpacking it I noticed that it looked as if all the plastic bags in packing had been opened and then everything put back in. I'm pretty sure now that this was a used television that the store is trying to sell as new. Maybe the store sold it and then it was returned for some reason so they just repackaged it and sold it again. In my opinion they are selling a used tv as new. So can I sue them for triple damages under Massachusetts consumer protection laws? Thanks.
Selling used product as new
Certainly, it is against the law in Massachusetts, and an unfair and deceptive practice, to sell a product as new when it is used. See, for example. Massachusetts Regulation 940 CMR 3.15:
(1) New for Used. It is unfair and deceptive trade practice to represent, directly or indirectly, that a product is new or unused, or that any part of a product is new or unused when such is not the fact, or to misrepresent the extent of previous use thereof.
However, in this case, I think you are better off going to the store and asking for an exchange. Assuming the television was not returned with defects and that it was not refurbished, I don't believe the practice you describe is against the law in Massachusetts. Even if I am wrong, before you can sue for triple damages, you will need to send a demand letter to the store and ask them to correct the problem. As long as the store responds in a timely manner and offers to correct the problem (by giving you a different tv) you will not be entitled to attorneys fees or triple damages. Good luck.