Legal Question in Consumer Law in Washington

TV Shopping Network/Defective Computer

I tendered return of a computer bundle I had phone ordered from a tv shopping network. My Visa bank advised me that I did not have to pay for the return of the merchandise, but should require the network to pick up the merchandise, as they had sent it by UPS. The network refused to pick up the merchandise, insisting it was my obligation to pay for return, although the vendor to whom I was to send the return, offers to pick up merchandise for their direct customers. I have return authorization, but at the advise of my Visa bank filed a dispute, kicked back the credit card charge, and now await the shopping network's response. The bank considers the dispute resolved, but I still have the merchandise. Now what? How do get the shopping network to send UPS for their merchandise?


Asked on 9/03/07, 5:39 pm

1 Answer from Attorneys
Elizabeth Powell ELizabeth Powell PS Inc

Re: TV Shopping Network/Defective Computer

You start by stating that you "tendered return" of the computer, and end by stating that you still have the item.

You need to take the thing to UPS and return it yourself and here is why:

The law requires a non breaching party to mitigate their damages. Here, that means if you don't want the computer, return it.

All communications with the seller should be in writing. Also, don't take legal advice from the Visa bank. Chances are that is not a lawyer you are talking to, even though you are electing to take legal advice from that person.

Elizabeth Powell

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Answered on 9/03/07, 6:58 pm


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