Legal Question in Consumer Law in Georgia

Merchandise Return

I purchased a item and the merchants receipt stated I could exchange only however no refunds. When I took the merchandise back to the store the merchant stated I could not return or excange the item. When I handed him the receipt to show him what it stated the merchant stamped the back of the receipt no returns or exchanges. Lucky for me I made a copy of the receipt that I originally got from them and had already forwarded it to my credit card company. He refused to give me a return receipt, however I was able to get him to sign on the receipt that I had returned the item to the store. My credit card company would not accept it because it was not a return receipt or on the store letterhead. I called the merchant and asked him to give me a receipt or something on letterhead stating that they have the merchandise back in their store. The merchant refused to do that and to date I have no merchandise and they have not informed my credit card company of the return.

Is what the merchant did by stamping the back of the receipt after the fact an act of fraud? Could this merchant be charged with stolen property, after all I paid for it and they went against their policy by taking it back?

Thank you for your response.


Asked on 12/11/07, 1:00 pm

2 Answers from Attorneys
Charles W. Field Charles W. Field, Attorney at Law

Re: Merchandise Return

When you mention "charged, etc." it sounds like you are considering criminal charges. I would you suggest that you consider hitting him where it really hurts: in the pocket book. Consult with a local attorney about a fraud case including punitive damages, attorneys fees, violation of the GA Fair Business Practices Act (which allows triple damages) and anything else available.

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Answered on 12/11/07, 3:05 pm
Scott Riddle Law Office of Scott B. Riddle, LLC

Re: Merchandise Return

Obviously, no one "stole" anything, based on your post, and you do not state any facts to indicate you did not leave the merchandise with them of your own free will. That as likely not a good idea. The credit card issuer may be of little help, not only because of the issues you metion bu because they normally honor store policies regarding refunds. If a stores does not honor its agreement, your option is to sue (perhaps in small claims), or contact the BBB if they are a member.

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Answered on 12/11/07, 2:04 pm


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