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Thread: Should customers be able to sue over flawed non-returnable items?

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    Re: Should customers be able to sue over flawed non-returnable items?

    So just because you think something is ****ty means you should be entitled to a refund? That makes no sense, seriously, just stop being a whiny baby.
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    Re: Should customers be able to sue over flawed non-returnable items?

    I just finished eating a "Jimmy Dean" sausage, egg, and cheese biscuit. Only this particular biscuit did not have any egg (came in a box of 8).

    Damn right I'm going to sue. Jimmy Dean will no longer be in business when I'm finished with them.
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    Re: Should customers be able to sue over flawed non-returnable items?

    I bet if you wrote them about that though, they'd send you a coupon. Not exactly a refund, but places usually will compensate you for your loss.

    Once I had a box of Frosted Flakes from the grocery store that, when you open the bag inside, it was Corn Flakes. One long call to Kellogg's and coupons for two boxes of my choice of cereal were mailed a couple weeks later.

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    Re: Should customers be able to sue over flawed non-returnable items?

    No, just no. If perhaps there is a legitimate actual defect...the movie is one 2 hour long strobe light show that it never indicated in any traliers and because of it you get a seizure...MAYBE. A video game actually has child porn in it that it didn't advertise causing you get to get arrested...perhaps. But "Hmm, I didn't like it and it didn't live up to the expectations I created myself based on the little information about it I chose to consume"? No, that's not a good reason.

    Don't want to engage in something that is a buyer beware situation? Then wait for a little bit of time for others to do it, read reviews, do a bit of consumer research, then make your decision.

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    Re: Should customers be able to sue over flawed non-returnable items?

    Quote Originally Posted by Jucon View Post



    Any thoughts?
    Because you didn't like the movie, game, cd or what ever else? Then the answer is no. Now if you bought a cd,game or movie and the disc was cracked and the store would not refund your money or replace then sure you should be able to sue. Although it might be hard to prove that the disc was cracked when you bought it. If you bought a game, took it home and installed and the game is telling you need something hardware higher than what the hardware specs on the packaging says you need to be able to play it then you should be able to sue the manufacture of that game.
    Last edited by jamesrage; 10-13-11 at 09:56 AM.
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    Re: Should customers be able to sue over flawed non-returnable items?

    In some cases, I think suing a company for a defective product that they won't fix or replace is a legitimate response. I'd be more likely to say so if physical goods were involved I think.

    This particular lawsuit is just stupid though. Movie trailers are not necessarily meant to give you a crystal clear picture of what the movie is about. Many times they are obscure or misleading, and it's intended. Any rational person knows this.
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    Re: Should customers be able to sue over flawed non-returnable items?

    Quote Originally Posted by Jucon View Post
    Poll Question...
    "When a refund is not allowed, customers should be able to sue for a refund over faulty, flawed, misleading or failed products ________________."



    I recently came across this news article about a woman suing over the movie "Drive" claiming the trailer was misleading and the movie was antisemitic.

    'Drive' trailer misleading, claims woman in lawsuit | PopWatch | EW.com

    I can't tell you how many times I've been infuriated over faulty, flawed, misleading, or an overall failure of a product in which cases I find myself unable to get a refund. Movies, music, video games, gaming systems, computers, cell phones, cars, food,... in most cases you will be unable to get a refund. So how is capitalism supposed to work right when the service provider or product seller already has your money? Yes, if a band makes a poor CD they probably wont have another hit record, if a movie flops it wont have a sequel, and if a resturaunt makes bad food they wont be open long... but for me, I've already lost out and have been "tricked" out of my money.

    Case in point, the movie "2012". I thought it looked amazing in the trailer, with tons of intense action and a plot that fed off the fears of an apocalyptic event... when in the end I found it had a poor plot, corny action stunts and mediocre acting. After sitting through the entire movie hoping it would get better, there was no way I was going to get a refund... so should I be able to sue for a refund?

    (Before MP3s), should I have I been able to sue for a refund after buying a CD with only one good song?

    Should I be able to sue for a refund over a poor quality video game? (I've learned to rent before buying)

    Should I be able to sue for a refund over a flawed car, cell phone, gaming system, or other electronic device after realizing it's flaw after the return period?

    One can argue the customer has options to be a smart buyer, but in some cases a "demo" period for a product can still cost the customer money. And for me personally I have had many cases where I didn't realize a flaw until after the return date. Though I'm hesitant to allow individual customers to sue over their "displeasure" with a product, I'd consider class action lawsuits. Producers should be held accountable for making bad products, but there needs to be a system in place to avoid abuse by the customers as well.

    Any thoughts?
    We have consumer protection in that goods must be merchantible -- that they have an implied warranty to do what they say they're going to do -- but this applies only to real property. The law says that when you buy "as-is," however, it carries no protection. There is no implied warranty on intellectual property as "beauty is in the eyes of the beholder."

    If you buy a lawnmower from Sears, there's an implied warranty that it will cut grass. If it won't, the company must, by law, refund your money. When you buy a video game, a CD...things like that...even if it is damaged out of the box, it has, in effect, been sold to you "as is,"as evidenced by their clearly stated policy of no refunds/exchanges.

    We are the most litigious people on planet earth. "I'm gunna' sue" has become many people's mantra.
    Last edited by MaggieD; 10-13-11 at 10:39 AM.
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    Re: Should customers be able to sue over flawed non-returnable items?

    Quote Originally Posted by Jucon View Post
    Poll Question...
    "When a refund is not allowed, customers should be able to sue for a refund over faulty, flawed, misleading or failed products ________________."
    Your question is flawed (and I demand my money back! ).

    There is a fundamental difference between faulty or flawed products, misleading advertising and a product you personally don't like.

    For something that is actually faulty (e.g. a book with missing pages) a replacement or refund in clearly in order (and in the UK, a legal requirement). That's generally not going to apply to a film though.

    False advertising is different but that's usually a regulatory issue rather than (or at least before) it becomes a legal one. I don't think it's realistic to apply the kind of strict interpretation implied in the article on a film trailer though. It might be a little underhanded to put all the action scenes in the trailer if the movie is mostly drama but I wouldn't want to see anything legally binding on it - if anything it's just impractical.

    If you don't like something, that's just tough.

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    Re: Should customers be able to sue over flawed non-returnable items?

    We seriously cannot clog up the judicial system with such trivality. Life involves some risk. I frankly think you could probaby say that a large majority of movie trailers and advertisements are misleading. We must consider suits like this not worthy of consideration so that we can attend to much more serious matters. Be more careful next time. There are many avenues through which you can check out a movie before you go to see it if you are that scrutinizing. You mean there are people hwo acually take the word of the movie producers and advertisers.

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    Re: Should customers be able to sue over flawed non-returnable items?

    Quote Originally Posted by Jucon View Post
    Case in point, the movie "2012". I thought it looked amazing in the trailer, with tons of intense action and a plot that fed off the fears of an apocalyptic event... when in the end I found it had a poor plot, corny action stunts and mediocre acting. After sitting through the entire movie hoping it would get better, there was no way I was going to get a refund... so should I be able to sue for a refund?
    no, the words:
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    should have been warning enough
    Last edited by OscarB63; 10-13-11 at 01:55 PM.
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