Liberal Return Policies vs. "has my camera been used?": A way to Solve This

Started 3 months ago | Discussions thread
ne beginner
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Responding but spinning ... let's stick to the point?
In reply to Patrick McMahon, 3 months ago

Patrick McMahon wrote:

I am not upset, though it is more than a little frustrating attempting to have a discussion when you refuse to listen.

I'm glad you are not upset, and sorry you are frustrated.

You have stated that you are not a lawyer but that the UCC applies only to merchant to merchant transactions. I am informing you that you (again) are incorrect. The merchant selling an opened item which in all respects (as previously described) is new is in conformity with the UCC.

You have provided nothing to support your claim that UCC supports "as a point of fact" that sold, used, and returned items can be sold as new to unsuspecting customers.  On what do you base such a claim? Are you a lawyer?

While I am not, and have so stated, I have some experience as a manufacturer of consumer products, including return policies and practices, where we are guided by corporate lawyers.  So, while not definitive, I can say that I am not aware of any state that would allow a merchant to re-clycle any sold, used,  and returned items as new to unsuspecting customers, outside of some categories like clothing.

Below are some examples I found in 5 minutes on the internet that suggest they cannot.

Can you provide an example of ONE state consumer protection law that specifically states that IS legal?

Chapter 93A, UCC: (from http://www.hcs.harvard.edu/~scas/wp/wordpress/?page_id=24)

“Some examples of practices that might fall under the aegis of Chapter 93A would be if:

• A consumer is not fully informed of the nature of a product”

Here’s how this has been written into law in Massachusetts:

The Code of Massachusetts Regulations (CMR): Title 940:

“Clear and Conspicuous Disclosure means that a merchant must disclose whether any products (or parts of a product) for sale are used and/or defective in some way. Other information that would affect a buyer’s decision to purchase a product must also be disclosed.”

Wisconsin:

“A returned item is usually considered used. If the package was not opened, it might be able to be considered still new.”

The New York City Department of Consumer Affairs

“Guidelines for merchants …… selling

  • Calculators
  • Audio equipment
  • Photo equipment
  • Video equipment
  • Computer equipment “

“An item may look new, but it could be used or rebuilt. Any product that has been used must be marked “used,” “floor model,” “rebuilt,” or “refurbished.”

Return Fraud: (California law)

“There are numerous ways customers can defraud a merchant through the return process, but not all return fraud is distinguishable from legitimate returns. For example … someone who buys a formal dress, wears it once, and then returns it the next day is in fact defrauding the merchant.”

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