Legal Question in Consumer Law in California

Re: Defective Item

I would first contact your local better business bureau to file a formal complaint. Also, if bought on a credit card, you may check with your credit card company to see if they will dispute the charge for you. If that doesn't work, this may be a case that would be appropriate for "small claims" court- in the jurisdiction where you live. A quick Google search with "small claims court" and your city or county should bring up the information. Small claims court is a simple procedure, with effective results. These courts are less formal and consider primarily what is equitable or fair in reaching their decision.

Good Luck

Re: Defective Item

In a nutshell, under the unfortunate set of circumstances and total damages incurred, you should take this manufacturer to small claims court on a products liability claim, after sending them a legal demand letter for compromise. If you would like affordable legal assistance in this area, contact us directly today.

Re: Defective Item

It depends what you want to do. . . Filing a small claims action may get you your money back in the quickest way. Note that if you lose in small claims court, you have no right to appeal, as the person who filed the claim -- but the icemaker can appeal. You might also encounter issues of how to sue the corporation in your small claims court -- (where is the corp. located, etc.) There are various violations of law in this scenario -- false advertising -- both to the product and the warranty See Cal. Civil Code SEction 1793.2(d)"Except as provided in paragraph (2), if the manufacturer or its representative in this state does not service or repair the goods to conform to the applicable express warranties after a reasonable number of attempts, the manufacturer shall either replace

the goods or reimburse the buyer in an amount equal to the purchase price paid by the buyer, less that amount directly attributable to

use by the buyer prior to the discovery of the nonconformity." If you can prove a violation of that provision, you might also be able to recover penalties -- and attorney's fees. (You might be better off suing in court and having a lawyer formally represent you there, than in filing a small claims action.) This type of case might also be a suitable one for class action treatment. Feel free to contact at my email below. . . and good luck.