Legal Question in Consumer Law in Massachusetts

Product is Terrible!!

Hello.

In October 2006, I purchased a ProForm Elliptical for $1000. It is under a 3 yr. warrantly. Since purchase it has had to be repaired 4 times. Once it breaks, the wait time is about 2 wks. to wait for parts and have someone come to your house. I have had to spend $10 a day to go to a gym to workout, as this was my main source of workout. The foot pedal on the right leg snapped and threw me off once-which is dangerous, now the left one just did the same. It is a dangerous machine that could cause harm while working out with that happened. I have spoke to a couple managers at numerous times, who basically will not do anything, except send someone to repair, over and over again. I am utterly frustrated with this machine. The only thing ever offered to me was $50 off my next Proform purchase!! I had one in the past, that had numerous problems-it was cheaper, so I thought if I bought the best one they make I wouldn't have problems.. I am wrong. Even the people that come out to fix this machine, and those who take the orders on the phone say it's a piece of JUNK!! They are not willing to replace the machine, NOR refund me any amount of money so I can buy something reliable. Can someone tell me if I have any options? Thanks!


Asked on 10/08/06, 5:09 pm

2 Answers from Attorneys
Dmitry Lev The Lev Law Firm

Re: Product is Terrible!!

Hello,

Proceeding through the Attorney General is not required, though they may help you to mediate the case. It sounds as if you've tried all the nice ways of pursuing this. The more assertive step, as Ms. Murber mentioned, is an action under Chapter 93A -- Massachusetts Consumer Protection Statute. It begins with a letter of demand. If they do not come back with a reasonable offer to settle within 30 days, an action may be purused in District or Small Claims court, depending on the amount in dispute and a few other factors. By the way, I agree that $50 off the next purchase is not a reasonable offer!

I offer free consultations if you wish to explore this matter further.

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Answered on 10/10/06, 2:40 pm
Maria Murber Law Offices of Maria Murber, PC

Re: Product is Terrible!!

Your initial step would be to file a complaint with the attorney general. You can call and ask for an application to be mailed to you or you can file a complaint online and provide your documents to them if they are requested. Hopefully, you have saved all repair slips and documented all your calls to them. If this does not bring you relief, you can serve on them a 93A demand letter (for the procedure on this look up the Mass General Laws) and if this does not work, you can file a small claims (attaching your 93A Demand letter and their response, if any) and the court will see that you tried other avenues first to resolve this matter.

Good luck! Sincerely, Maria Murber

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Answered on 10/09/06, 6:45 am


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