I bought some products at a kiosk in the mall. I did not know until after the sale was complete that the merchant does not give refunds. The notice regarding their return policy was posted on the other side of the kiosk, and the clerk did not mention the policy. The policy was written on the receipt. Can I return the products?
-- Karen, Danvers

Merchants must accept the return of defective products. Assuming your purchase is not defective, the answer to your question probably depends on the merchant and on your willingness to put up a fight. Massachusetts regulations state that it is an unfair and deceptive practice to fail to "conspicuously disclose to the buyer, prior to the consummation of a transaction," the seller's return policy. (940 CMR 3.13(2)).

Given that language, the printing on the receipt is irrelevant, because you could not see it until after the sale was finalized. The question, then, is whether the merchant's policy was "conspicuously" posted. I have a feeling that your answer to that question is different than the merchant's answer.

The Massachusetts Office of Consumer Affairs Website has an excellent guide for resolving consumer complaints: http://www.mass.gov?ageID=ocamodulechunk&L=1&L0=Home&sid=Eoca&b=terminal...

The guide spells out a process that begins with a telephone call and escalates to a demand letter and legal action. However, since we're probably talking about a relatively inexpensive purchase, there may be a limit to how much time and energy you want to spend on this matter.

I would try a bit of direct and honest communication. The next time you are at the mall, take a picture of the kiosk and the location of the return policy notification. Also take a picture of the area around the cash register, to show the lack of a conspicuously posted notice. (It wouldn't hurt if you let the clerk see you taking the pictures.)

Politely explain to the clerk that you were not aware of the return policy, that you believe the posted return notice does not satisfy Massachusetts law, and that you would like a refund. If the clerk says no (as he has, no doubt, been trained to do), ask for the owner's telephone number. If the clerk refuses to provide the number, leave your phone number and tell him you would like an answer to your request from the owner. Tell the clerk that you will file a complaint with the Better Business Bureau and the Attorney General's office if you do not hear from the owner within three days.

If I were the merchant, I would rather give a refund than deal with a determined and unhappy shopper. Good luck.

(Submitted by the Editor)