Legal Question in Consumer Law in California

Violation of FTC ACt(5); Civil code 1770; & contractor lic sec7160

We were mislead into buying a carpet that turns out to be defected in less than 30 days,The factory already has inspector confirmed is a manufacture defect, but the retailer refuse to full refund nor replace with equal ''quality'' carpet, claiming they sold the wrong price & only willing to replace equal ''value'' carpet or refund 1/2 of what we paid. If we want the same ''quality'' we have to pay the diffrence. When we filed a complaint to BBB, the retailer's lawyer send us a letter threating to sue for defamtory if we continue with the claim. Isnt this a act of harassment and obstructing my right as consumer? The company continue ignore my demands for full refund.

I am looking to sue them for unfair & deceptive pratice & failure to honor the warranty from the manufacture. Please advice how I can proceed with this case.


Asked on 4/08/03, 5:26 pm

1 Answer from Attorneys
H.M. Torrey The Law Offices of H.M. Torrey

Re: Violation of FTC ACt(5); Civil code 1770; & contractor lic sec7160

first of all, i am very sorry to hear you have been put thru this unfortunate matter by the manufacturer and their attorney representation. you are well within your rights to complain to the BBB for intentional misrepresentation or fraud if it is of "public interest" and/or your allegations are truthful. however, you want to watch how you "word" such complaints to avoid potential defamation claims by the manufacturer. however, from the facts given so far, you absolutely sound like you have causes of action for consumer fraud, misrepresentation, breach of warranties, etc...if you would like further legal assistance and/or representation on this matter asap, please email my office today with more details.

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Answered on 4/08/03, 5:36 pm


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