Q: How to take legal action against a company that is falsely advertising products and will not refund customers?

Long story short, I purchased a product that was not as advertised and does not hold up to the claims that the company makes on their website and they refuse to give me a refund. They have been investigated by the BBB because of how many claims other customers made against this company for doing the same exact thing. I have opened a PayPal dispute, filed a complaint with the BBB and also filed a complaint with the FTC regarding this and the company refuses to respond to any of the cases. While emailing them about the ongoing issue, they started texting my personal cell phone asking me to close all of the dispute cases in order for them to give me a refund. After searching, I found that this is a common method that they use to get customers to drop the cases but they still do not issue the refund after the fact. I have been corresponding with them for weeks and I think it's time to get a lawyer involved, but I'm not sure if there would even be a case. What should I do?

2 Lawyer Answers
Scott Richard Kaufman
Scott Richard Kaufman
Answered
  • Consumer Law Lawyer
  • Los Altos, CA
  • Licensed in California

A: There is nowhere near enough info here to help. For instance if it was a garlic press from a local store, tough deal.

But, if it is a car from Ford, whole other analysis. There is a fairly new law in CA that a company cannot (for lack of a better term) 'bully' a consumer into changing a review or taking one down. So, that may come in to play should the company be large enough to go after in a class action. Always communicate in writing only and save all of those writings...

1 user found this answer helpful

Daniel Timothy LeBel
Daniel Timothy LeBel
Answered
  • Consumer Law Lawyer
  • San Francisco, CA
  • Licensed in California

A: The answer to your question is that you should contact an experienced class action attorney. An attorney will consult with you for free, gather all the relevant available information, conduct an independent investigation, and let you know whether or not they see an actionable claim.

1 user found this answer helpful

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