North Grafton, MA asked in Consumer Law and Products Liability for Massachusetts

Q: Did merchant violate Mail/Internet/Telephone Order Merchandise Rule by not letting me cancel delayed product?

Online retailer didn't let me cancel an order after the product was delayed. I had to utilize the BBB to get them to cancel the order weeks after it was supposed to arrive. Is this a violation of the Mail/Internet/Telephone Order Merchandise Rule? Can I sue them for damages?

1 Lawyer Answer
Peter N. Munsing
Peter N. Munsing
PREMIUM
Answered
  • Products Liability Lawyer
  • Wyomissing, PA
  • Licensed in Massachusetts

A: if the bbb let you cancel, then looks like you wouldn't have a cause of action. Possible better cause of action would be MGLc93(a)

Damages for not having product a)require showing that they knew time was of the essence and why

b) proof of the damages.

Their being idiots and you spending time are not recoverable.

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