Legal Question in Consumer Law in California

I have a store receipt with a return and refund policy stated at the bottom. When I tried to return an item they told me the policy had changed "a couple of months ago" and could only exchange for other items at same value. I looked around and found a paper on the window about the "exchange only policy". But my question is is the store required - or under contract - to abide by the policy that is still displayed on the receipt?


Asked on 5/26/11, 11:29 am

1 Answer from Attorneys
Stephen Barnes Barnes Law Firm

California law (Civil Code section 1723) requires a retailer to conspicuously post its refund or exchange policy in certain situations. Generally putting the policy on a receipt is not a "conspicuous" disclosure. They should post the notice at the entrance, cash registers etc.

If they had one policy at the time you made the purchase and changed it at a later date I would suggest that they would be held to policy in effect at the time of purchase.

If the policy in the window was there when you bought the product then they are probably correct. If not then you may have a legitimate claim.

Depending on the cost of the item you could take them to small claims court if you feel they have violated the above code section.

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Answered on 6/09/11, 3:04 pm


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