Legal Question in Consumer Law in Massachusetts
Timely Processing Of Consumer Rebates
I purchased a computer monitor in December 2002. It had a rebate of $150 dollars. I filled out the required form, included the necessary documentation and mailed it in mid January. It was received by a rebate processing company in Michigan hired by the monitor manufacturer, and entered in their computer system on January 28, 2003. The rebate said to allow for 8 - 12 weeks for processing. It has now been 14 weeks since then and phone calls to them say that there is a large ''backlog'' of rebate orders that were received, and that they were sorry they had not gotten around to processing it completely yet. I have heard this three times from them since early April. Are companies required to process rebates within the processing time specified on the rebate form? Do I have any legal recourse after ''X'' amount of time has passed without receiving my rebate check? Do my consumer rights change by location because even though I sent the form to Michigan, I bought the product in Massachusetts?
1 Answer from Attorneys
Re: Timely Processing Of Consumer Rebates
Companies are notorious for slow delivery of rebates. In your conversations, did they say they actually had your documentation or just give a general statement about a backlog. If they talked specifically about yours, you are a little ahead of the game since they "lose" a lot of them. You can file a claim in the small claims court, specifically stating that you seek the remedy under the MA Consumer Protection Statute, Chapter 93A. Before you file, you have to send a demand letter requesting reimbursement and stating the amount of money due you. You also have to find out where to serve the summons. Either ask them for their mailing address/or the address of their executive offices and you canmail the summons by certified mail, together with the complaint. You cann also call the Attorney General consumer division, the6y may have other complaints against this company.
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