Q: Can I sue a Texas business for expired store credit of $140.71?
I purchased a dress for $140.71 in September 2023 and returned it for store credit the same month. I received a receipt indicating the store credit, but the only date on it was the issuance date, with some numbers at the bottom reading '11/28.' When I returned in January 2025 to use the store credit, I was informed it expired in November 2023. There was no mention of an expiration date on the receipt, nor were there any signs or policies in the store regarding expiration terms. I attempted to resolve this by sending a certified letter, which was refused and returned, and filed a complaint with the BBB but received no response. Can I file a lawsuit against the small business in Texas for this issue?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- (916) 704-3009
- View Profile
- Answered
A:
It sounds like the store may not have properly communicated the expiration terms of the store credit. If there was no mention of an expiration date on the receipt or any signage in the store, you might have a valid argument that the store did not disclose important terms of the credit. Texas law requires that businesses be clear about any expiration policies related to store credits, and failure to do so could be seen as misleading.
Before pursuing a lawsuit, you should continue to attempt to resolve the issue through other channels. If your complaint with the Better Business Bureau didn’t lead to a resolution, consider filing a complaint with the Texas Attorney General’s Office. They may be able to assist in enforcing consumer protection laws.
If you decide to proceed with a lawsuit, you may want to consult with a consumer rights attorney who can help you assess your options and guide you through the process. They can determine if you have a strong case based on the facts, including the lack of clear expiration terms and the refusal to accept your certified letter.
Justia Ask A Lawyer is a forum for consumers to get free answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
