Legal Question in Consumer Law in Massachusetts

Restocking fee applied to a return

Recently I attended a toy party. After all guest at the party ordered their items we were told it would take 1 1/2 weeks to have the items delivered to us. Well it took much longer than that as we hadn't received anything 3 weeks after. People started to request refunds and bought some items elsewhere. Now the items have been returned and the seller refuses to give customers a 100% refund and says she will only give a 75% refund with a 25% restocking fee. This return policy was never stated to us at the beginning of the party as is MASS state law. Is there anything we can do legally to get our money back?

Asked on 2/08/06, 11:34 am

1 Answer from Attorneys

Maria Murber Law Offices of Maria Murber, PC

Re: Restocking fee applied to a return

Was this toy party held at a private residence?

Did you give her/him a reasonable time to cure?

In other words, was the delay of the products due to the toy company versus the private seller?

Are there any stipulations on the receipt you signed as to cancellation policy?

Are there any stipulations as to giving the company/private person a reasonable time in case the articles are back ordered?

Even if it does not state a reasonable time to give the company a time to cure it is usually implied by law.

If this is by a private party and there is no written document/receipt that they are allowed to retain 25% and if they have not performed accordingly, you could file in small claims court for a small fee.

However, since she represents a company she should be considered as acting agent for them and if that is the case, you should be able to go after them directly for compensation.

In that case, you could file a complaint with the attorney general and/or send the company a demand letter according to Massachusetts General Laws Chapter 93A, which covers unfair and deceptive practices by a commercial entity.

Feel free to email me in answering my above questions to further guide you.

Email: [email protected]

Sincerely, Maria Murber

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Answered on 2/08/06, 12:33 pm

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