Legal Question in Consumer Law in California

I purchased an airsoft gun from an online merchant with my Visa Credit Card. The airsoft gun merchant has a "no refund" policy. It does however have a warranty policy covering my purchase for

15 days after delivery of the gun. The gun came to me defective. Never worked. Tried calling the merchant several times. Lines always busy. Contacted via email asking merchant what to do next.

Merchant didn't respond for several days. Meanwhile, I packed the gun up and sent it back to them. Knowing I had a short window of time to get it back. They therefore, refused to accept gun due to an internal policy that requires the consumer to get permission to file a RMA. An RMA is

a little form that authorizes you to return the merchandise for warranty repair. I found the RMA and gave it my electronic signature, printed it out, and returned it in the box. Because it was not

attached to the outside of the box, they said they refused it. I did it before I was authorized to do it and didn't follow their exact procedure, because they were not getting back to me. I knew I would be denied my repair if I didn't act quickly. They later did otherwise a repair, but only after I filed a dispute with my credit card company. I asked for a refund, but would have settled for a fix of the gun. They refused my shipment. I incurred a 30 dollar charge for that delivery. I contacted my Visa company and filed a dispute. The gun costs $266 dollars. All paperwork was forwarded which included my purchase, a series of emails and the shipping info. The dispute was resolved in my favor. Visa said all was settled. If they heard anything more they would let me know.

Shortly later, the airsoft gun merchant sends me to collections for the cost of the gun and an additional $500.00 for the arbitration involved in the chargeback procedure. Am I legally responsible for their chargeback fees for arbitration of the dispute? Am I legally responsible to pay them for the gun when the dispute was settled in my favor? Can they take me to small claims?

What should my course of action be with their collections company?


Asked on 8/25/10, 8:03 pm

1 Answer from Attorneys
Joe Marman Law Office of Joseph Marman

That is really outrageous. You should sue the company in small claims court. You may have to file in the county where that company is located. Sometimes, you can file your declaration, and you may not need to appear in person at the trial, but of course, you will not have the chance to argue your case.

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Answered on 8/31/10, 9:53 am


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