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

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

    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

    Among Ms. Deming’s complaints listed in the lawsuit filed Sept. 27:
    Drive was promoted as very similar to Fast and Furious, when in actuality, it wasn’t.
    – “Drive bore very little similarity to a chase, or race action film, for reasons including but not limited to Drive having very little driving in the motion picture.” (emphasis mine)
    – “Extreme gratuitous defamatory dehumanizing racism directed against members of the Jewish faith.”
    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?
    Last edited by Jucon; 10-13-11 at 07:31 AM.
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    Re: Should customers be able to sue over flawed non-returnable items?

    There are no words in any language that has ever existed in humanities short time on this planet, nor any sound that any animal even extinct could make, that could even begin to describe how utterly crazy, pathetic and mind blowingly idiotic this lawsuit is.

    Last edited by Jetboogieman; 10-13-11 at 07:40 AM.

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

    NO I disagree...When you buy a Game CD it says if its opened you cant return it....its buyer beware...go read reviews find someone that has the game..same applies to anything that says if you buy it no returns...
    IF companies took back opened games...everyone would be playing them for free....for example...

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

    On another note, this would also effectively destroy Red Bull if it succeeded

    And also Cialas, as Cialas could be miscronstrued by their advertisements as a smiling aid, or anti-depressant. (which a good lawyer could actually argue it is)

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

    Quote Originally Posted by lpast View Post
    NO I disagree...When you buy a Game CD it says if its opened you cant return it....its buyer beware...go read reviews find someone that has the game..same applies to anything that says if you buy it no returns...
    IF companies took back opened games...everyone would be playing them for free....for example...
    I agree. What do you think about the gaming system?

    I've known many people who's Xbox 360s and PS3s have broken down only after a few years. Xbox 360 even has a "ring of death" system in place, as if Microsoft knew the problems would arise. I'm curious where the cut off is between unpreventable failure and planned failure...
    "There is nothing which I dread so much as a division of the republic into two great parties, each arranged under its leader, and concerting measures in opposition to each other. This, in my humble apprehension, it to be dreaded as the greatest political evil under our Constitution." óJohn Adams

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

    This might work if the there was also a hefty penalty against attorneys for bringing a frivolous lawsuits. However, this is the US - a place where you get the best consumer 'justice' money can buy. There is no way attorneys would ever let such a measure get passed and there is no way that US marketing firms would ever allow it either.

    I believe a better plan would be for all such suits brought for disappointment with products or misleading advertising to be class action and require a minimum number of petitioners. This would keep many frivolous suits out of the courts, give consumers recourse and (to a limited extent) force marketers to be somewhat truthful in marketing products. It also might get those darn infomercials off the airwaves

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

    Quote Originally Posted by Jucon View Post
    I agree. What do you think about the gaming system?

    I've known many people who's Xbox 360s and PS3s have broken down only after a few years. Xbox 360 even has a "ring of death" system in place, as if Microsoft knew the problems would arise. I'm curious where the cut off is between unpreventable failure and planned failure...
    Well to be fair microsoft were pretty good about it, with my ex girlfriends Xbox and my brothers, we were able to send them back after the Red Ring of Death and got them back good as new never to break again

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

    I just went to a furniture store over the weekend. This particular furniture store is a chain store, but is the outlet branch for it, selling bits and pieces from other stores that did not sell for whatever reason or perhaps the product is scratch and dent. There are signs all over this store stating "all sales as is and are final" in big bold red lettering. In this case, if I bought some furniture that turned out to be flawed in some way that I did not expect, its on me.

    However, if I go to walmart and I buy a video game disk out of the normal shelf and this disk happens to be scratched when I open the packaging, either walmart or the video game maker need to be responsible. The reason is that I had no reasonable way of knowing before hand that there will be an issue while in the former example, I was well warned.

    In terms of a movie and its preview, I guess it depends on whether the preview was misleading or not.

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

    Wow - people being able to sue because they didn't like a movie? How pathetic. Hey - I couldn't sue for having to show crappy movies in my theaters It's not THAT much money - get over it people.
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    Re: Should customers be able to sue over flawed non-returnable items?

    Buyer's remorse is not a legitimate factor of litigation. Bitch can go fist herself.

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