Legal Question in Consumer Law in California

retail purchase

My daughter bought a ring for me at christmas. She was told by the clerk at wal mart that it was made of 10k white gold as the inside of the ring says as well. She paid $90 for it and when I took it to be sized, I was told it was made of plastic of some sort. Besides taking the ring back for a refund, what else can she do if anything? I believe this falls under warranty of fitness for a particular purpose but am not sure. Thank you


Asked on 3/16/07, 7:17 pm

2 Answers from Attorneys

Aaron Davis Law Office of Aaron M. Davis

Re: retail purchase

I'm not sure where it says the ring cost $90, but even if the ring cost that much, a company may not represent to consumers that it is made of gold, when it is actually made of plastic. If the ring itself states that it is made of gold, and it is not, it is possible you could bring a class action against the store and the manufacturer for fraud and illegal business practices.

Contact me if you are interested in discussing this further.

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Answered on 3/28/07, 3:13 pm
Robert F. Cohen Law Office of Robert F. Cohen

Re: retail purchase

A gold ring for $90?? Okay. Get your money back and ask for some gift certificates for your trouble.

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Answered on 3/22/07, 8:47 pm


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