A Quick Introduction To Consumer Protection Laws

Sometimes it’s not clear how to best resolve an issue that you’re having with a product. There are several laws to protect consumers that apply in various circumstances. Most people know that they have the right to expect something to work correctly and that it shouldn’t fall apart three days later.

Suppose you purchased a skateboard for your son in March but didn’t give it until his birthday in May. What if he then used it and discovered a wheel didn’t work? What do you do? Do you take it back to the store after two months?

Do you go through the hassle of sending it back to the manufacturer? It’s not always clear how to best handle this type of situation.

Knowing how to use the laws to your advantage is a golden key.

Consumer Warranties

 There are two types of consumer warranties, express and implied. 

1. Express warranties are expressed in writing, verbally, or via advertisement. It is simply a guarantee that the item will function properly for a specified period. The item can be used or new; however, not all items have an express warranty.
2. An implied warranty is automatically applied to any new or used consumer good retail sale. The seller essentially implies that the item will work as it is supposed to for a reasonable amount of time and be of average quality.

• Keep in mind that the item must be used properly. So, you can’t put marbles in your food processor and then complain that it doesn’t work correctly. 

Whenever possible, get any warranties in writing. Verbal warranties are very difficult to enforce. It quickly becomes a case of your word against theirs. The Federal Trade Commission states that an implied warranty can last up to four years. The actual time will vary, depending on state laws.

Enforcing the Warranty

There are several steps that you can take if you need to enforce your warranty: 

1. Return the item to the seller for repair or replacement. Hopefully, this will be effective as this is the easiest solution.
2. Contact the manufacturer. This will be more inconvenient because the manufacturer will rarely be located in your area. See what they can do for you.
3. Attempt mediation. This might be a bit much for a $10 toy, but mediation can be effective without all the hassle of a full-blown legal action for an expensive item.
4. Small claims court can be a viable solution for more minor issues. For the big stuff, you’re going to speak to an attorney. Smaller companies will often agree to make things right when a lawsuit has been filed. There’s too much expense and potential liability for the company to fight for a lousy product in court.
5. File a complaint. You can file a complaint with your local prosecutor, the state attorney general, or the FTC. The FTC should notify any case involving a telemarketer or any item you bought from a television commercial. The FTC can be beneficial. Also, you should file a complaint in any cases involving fraud.

Everyone has purchased a product that failed to live up to expectations. All retail products have warranties, even if there is no written warranty. If a product fails to live up to its claims or doesn’t last as long as it should, you have the right to have the situation rectified. You can better protect yourself and claim your rights now that you know.