Legal Question in Consumer Law in California

Hello, I had purchased an item online in which they charged a "Shipping (USPS Parcel Post)" in the amount of $11.76. I never opened the package and now in the process of returning it for a refund. On the shipping label, the actual shipping charge was $2.41. I contacted the company and requested a refund of the cost of the item plus the difference of the shipping cost. The company replied stating that the difference is part of their "shipping and handling" fee. I had informed them that there was no indication on their website and billing notice that the charge was for "Shipping and Handling". Their last response to me was "The costs were clear when you placed your order for the Power Profits Starter Package. When products are returned to us we refund for Cost of Products only." What can I do to get my money back and stop this company from Price Fixing or Gouging on the shipping costs to all the consumers?


Asked on 11/21/11, 3:08 pm

1 Answer from Attorneys
Asaph Abrams Law Office of Asaph Abrams

Businesses incur valid costs of operation beyond the shipper's charges. An employee(s) and incidental overhead must be paid to process the order, package the parcel, create a shipping label and deliver it to USPS. They must then process the return. Insofar as there's a "profit" from the difference between USPS's charges and the vendor's quoted shipping fee, it would be reasonably negated or exceeded by the transaction costs. Of additional significance, apparently the product was not returned for reason of defect and there was no injury in that respect. Battling the $9.35 charge may compel the vendor to suffer a loss.

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Answered on 11/22/11, 1:27 pm


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