Legal Question in Consumer Law in Massachusetts

unauthorized product substitution

I purchased a very specific model of satellite receiver. Along with purchasing that specific model, I signed a contract agreeing to a year of service with DirectTV. The company, without my authorization, sent another receiver model. I don't want the receiver model they sent because it doesn't have the features of the one I actually ordered.

How does the law view this unauthorized substitution? I believe my contract with them - and all associated penalties - are void because I never actually received the product I ordered. They said they no longer have the model I ordered but hadn't gotten around to taking the order page off their website. They want all kinds of penalties and restocking fees to return the product I never ordered!

Do I have to pay? Is my contract still valid? Do the penalties apply? Do I have to return the unauthorized substitution receiver? Whose side does the law support?

I live in California. The company is in Massachusetts. Thank you in advance.


Asked on 7/15/03, 11:47 am

1 Answer from Attorneys
David Baker Law Office of David Baker

Re: unauthorized product substitution

This is a tricky issue for several reasons. First, it is unclear what law will apply. It might be California law (about which I can't comment since I'm not licensed in California) or Massachusetts law, or possibly the law of another state, depending on what the sales contract says; the laws can be different from state to state. In general, this issue would probably be resolved by reference to the Uniform Commercial Code, which (as its name suggests) tends to be uniform from state to state. Without seeing the paperwork, etc., it is difficult to say what to do, and I am reluctant to give you advice. However, under the UCC, a purchaser does have the right to reject goods which do not conform. Try sending the receiver back with a letter saying you are rejecting the receiver because it does not conform and demand a refund, if you've paid anything. See what happens. MAYBE, just maybe, that will end the matter (although you may have to fight to get your money back if you paid any). If not, better see a lawyer. Good luck! David Baker

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Answered on 7/15/03, 6:09 pm


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