Legal Question in Business Law in Illinois

Our private elementary school runs a non-profit resale shop. A customer purchased a piece of furniture (for $175) with a credit card. She had measured the item and taken a picture the day prior to her purchase. The day after her purchase she called and said she had changed her mind and no longer wanted the item. She gave many different reasons (wouldn't fit, wrong color, couldn't get it home). We know she had measured and taken a picture of it -- and we offered to deliver to her home. She said she wouldn't be happy with it. We have several no return policy signs and I explained that to her. She said she would try to get it back from her credit card company, I said ok. The credit card company will not refund her. I spoke with the her husband today and he was very angry and threatening. I told him we could try to resell it for him and give him his money when it sold -- but we couldn't guarantee we could get the same amount for it, but would give him what it sold for. He didn't like that. I told him he could submit a letter requesting a refund, with the receipt, etc. and I would submit it to our accountant, but again he would need to pay for the additional time and expense of this process ($25) -- again, he didn't like that. He said he will go to the Attorney General. What should we do?


Asked on 9/13/11, 3:12 pm

1 Answer from Attorneys
Thomas Moens Moens Law Offices, Chartered

No returns means no returns. Because most stores have a return policy, many people are under the mistaken impression that it is their legal right to return anything they buy.

My guess is the attorney general's office will not even bother stifling their collective yawn. The attorney general's office investigates and prosecutes fraud. Real fraud. From what you have described in your question, there is no fraud here. Even the credit card company determined they have no right to get their money back. You need to decide how much you want to mess around with these people, keeping in mind that if you refund their money, you have opened the door to everyone wanting to return items. Personally, I would tell them to shove off--only not that nicely.

When you say the husband was "threatening," do you mean he threatened you with physical harm? If so, you might want to consider contacting the police or the state's attorney's office in your county.

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Answered on 9/14/11, 6:28 am


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