Legal Question in Consumer Law in Massachusetts

writs watch purchase

I purchsed a watch from a jewelery retail store on 11/15/08 for $175.00 and also purchased the $29.99 protection plan. I signed the receipt and the receipt had a stamp on it stating ''NO RETURN, EXCHANGE ONLY THRU JAN 2nd''. The watch broke the first night I had it. The stainless steal band detached from the actual face part of the watch. I returned it and they gave me a new watch because they determined the original one I purchased could not be repaired. The same exact thing happened to the second watch. I obviously want to return it for a full refund. I have lost faith in the quality of the watch. I want to know if I am entitled to a full refund. Also, the back of the receipt also states under EXCHANGE POLICY -No Refunds, Exchange Only. Is there some law that protects consumers for defective products so that I can eceive a full refund, even the Terms and Conditions of the sale?

Note: I purchased the watch in Massachussetts, but I am a resident of Rhode Island.


Asked on 11/29/08, 7:38 pm

1 Answer from Attorneys
Gregory Lee Gregory P. Lee, Attorney at Law

Re: writs watch purchase

Clearly, you should ask for your money back. You should do so in a letter sent by certified mail, return-receipt requested. Explain the details, including serial numbers of watches, dates, and costs. You should put the following text in the letter:

"This letter constitutes a demand for relief pursuant to M.G.L. c. 93A, sections 2 and 9, and incorporates by reference the regulations of the Massachusetts Attorney General's office and any other regulations or statutes. You have thirty (3) days to respond with a written tender of my full refund. If I do not receive my full refund by the end of that thirty (30) days, I shall file a suit seeking my damages, seeking an order doubling or tripling those damages, my costs of suit, and my reasonable attorneys' fees."

This invokes the Consumer Protection Act, and gives the jeweler thirty (30) days to make a decision: stand on its no-refund policy, or pay the $175.00. If they stand on their policy, file suit in small claims court in Massachusetts in the district court system.

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Answered on 12/02/08, 6:51 am


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