 | Troy Purinton is an attorney with Fleeson, Gooing, Coulson & Kitch, L.L.C. Troy received his bachelor of arts degree from Kansas State University in 1996, and his juris doctor from the University of Kansas in 1999. Troy joined Fleeson, Gooing, Coulson & Kitch, L.L.C., in 2002 and practices primarily in the areas of civil litigation and creditors' rights. |
Legal
2005-02-01 11:24:00
My “new” product isn’t new. Help!
: I recently bought a refrigerator which was advertised as new, but since found out that in fact it had been returned to the store by a previous buyer after the previous buyer had used it. I also found out that the same make and model of refrigerator sells for new at other stores for several hundred dollars less. I tried taking the refrigerator back, but the store manager told me I couldn't return it. This doesn't seem fair. Is there anything I can do?
ANSWER: Yes there is. In 1973 the Kansas Legislature passed the Kansas Consumer Protection Act in order to help the consumer overcome the very difficult hurdle of proving fraud, and added some very tough penalties for these kinds of actions. Even though the Act has been in existence for over 30 years, there are still several consumers who do not know it exists or the protections it offers.The Act prohibits two types of actions by sellers: "deceptive acts and practices" and "unconscionable acts and practices." The statute lists many different types of deceptive acts and unconscionable acts. An example of a "deceptive act" is in your question-you were sold a used refrigerator when you thought you were buying a new one. That is a deceptive act. There is also an "unconscionable act" in your question: selling you an item for a price much higher than others sell it for. Remember the gas stations right after September 11, 2001, who raised the price of gas to over $5.00/gallon? It is this law that the Kansas Attorney General got those gas stations with. There are many different types of deceptive acts and unconscionable acts, which an attorney can tell you about if you think you have a problem. If it turns out that you have a viable consumer complaint action, some attorneys are willing to take your case without payment up front. This is because the Act provides that if you win, the other side is responsible for payment of your attorney's fees. Further, you the consumer can recover your actual damages (here, the amount you paid for the refrigerator) or a "penalty" of up to $5,000 per violation.
