Legal Question in Consumer Law in Illinois

I live in Illinois and my daughter lives in Ohio. She is getting married in Ohio in August and about 3 weeks ago I called the dress store to deposit her dress. It was not a special order and no alterations have ever been done on it. About 3 weeks ago I called from my home in Illinois to pay 1/2 of the dress -during the conversation I gave her my credit card number, home address, and phone number. I was not told of any policies on returns or cancellations of the layaway (as the owner calls it). I also never recieved a receipt with any mention of policies on it. I called today to cancel the dress and asked for a refund - I was told no. The store policy was no refunds. She said I could have store credit, however, again I am in Illinois and the dress shop is in Ohio. I'm married and don't need any dress for such event. I mentioned the fact that no policy on refunds were ever mentioned to me and she said it was written on the reciept and a note beside the register in her store. I told her she never mailed me a receipt and she said that she doesn't unless the customer asks for one - I gave her $500.00 and didn't know I had to ask for one - she took my address so I figured that is what it was for. She again told me it was written beside her register - again I ordered over the phone and my daughter never went to the register. Its not like the dress can't be resold - it was off the rack to begin with. All I want is my refund - she said she would review the transaction and call me tomorrow. She remembered the entire transaction. Considering the fact that I was never given policy - written or verbal - what are my rights and entitlements to my money? Again, I do not want store credit - it's not a store where you could shop for just any regular item. Please help. PS... I tried to contact her sooner but everytime we call the store number it rings about 30 times and then we get a message saying voicemail is full and cannot accept messages. I have called numerous times thru-out the day -I was very surprised to get her today.


Asked on 7/02/10, 6:26 pm

1 Answer from Attorneys
Thomas Moens Moens Law Offices, Chartered

Without an agreement to the contrary, I do not believe this store would be obligated to even give you a store credit. Most people are under the impression that all retail stores are required to have a full money back guarantee for everything we buy, but in reality it is "all sales final." Most stores, for reasons of customer satisfaction, have very liberal return and cancellation policies, but they are not required to do so. You could try asking very, very nicely for a refund, or have your daughter use the store credit, or buy the dress you agreed to buy.

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Answered on 7/06/10, 2:10 pm


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