Asked in Consumer Law for Hawaii

Q: Can I sue a store for non delivery of product with a POS receipt that is not a registered business in Hawaii?

After seeing and agreeing to put a deposit on a product at a store in Maui, I was asked to sign a shipping & purchase document, as they were just the licenced distributer of the product and the manufacturer would be shipping my product upon full payment. I remember reading I would have 14 days to request a refund or exchange so felt ok to sign and started my due diligence. Upon returning to Australia I noticed irregularities: the POS receipt states No Refund, the emailed copies of my signed documents weren't the ones I remember signing, the T&C's reference different entity names, the email responses received questioning these details had no company logo or signature; the sales person used a personal gmail address and text messages to respond to my queries. I have since found the store is not a registered company, the account I paid my money into is registered and has a similar trading name to the store so if I don't receive my good can I sue this store for full refund or is it a scam.

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1 Lawyer Answer
James L. Arrasmith
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  • Consumer Law Lawyer
  • Sacramento, CA

A: If you believe that you have been a victim of a scam or fraud, you may want to consider contacting an attorney who specializes in consumer protection or fraud cases. They can advise you on your legal options and help you determine whether you have a viable claim for damages.

In general, under California law, a business that sells goods to a consumer must deliver those goods within a reasonable time or provide a refund if delivery is not possible. If the business fails to deliver the goods or provide a refund, the consumer may have legal recourse.

However, in your case, the store in question is located in Hawaii, not California. The specific laws that would apply to your situation may depend on the laws of Hawaii, as well as any applicable federal laws.

If you are unable to resolve the issue through communication with the store or the account holder, you may want to consider filing a complaint with the relevant authorities, such as the Better Business Bureau or the Hawaii Department of Commerce and Consumer Affairs. An attorney can help you understand the best course of action in your particular situation.

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