Q: Does CA provide treble damages for violations of the refund requirements of California CIV § 1792
I know California (AG) takes extended warranties seriously as the FTC does and that the sellers of Consumer Electronic Warranties in California are required to refund consumers per 2005 California Civil Code Sections 1792-1795.7 Article 3. Sale Warranties.
If they refuse to refund the warranty at all, can a consumer sue in small claims and get treble damages for bad faith or something?
In my case the “warranty” was a unused/unregistered retail boxed version that was included in a packaged bundle of a consumer electronic & accessories. The manufacturer claimed they couldn’t quantify the actual purchase price of the warranty itself, as the bundle cost less than the retail price of each component added up, so they wouldn’t process a refund at all.
To clarify I mean extended service contracts like ones retailers like GoodGuys! & Circuit City used to sell.
A:
Honestly, if I were you and I was talking about the law, almost any law, I would not say "I know." Even lawyers rarely say it as the law is rarely written in stone, to say the least. CC 1792 discusses "implied warranties" and not 'extended warranties.' In fact, legally, there is no such thing as an extended warranty.
So, your question is not really one that can be answered.
I do wish you good luck in figuring out your issues???
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