Legal Question in Consumer Law in Nebraska

Paying for and Not receiving product

I ordered a hood from an on-line company last July. Finally in Sept I received a damage hood. They agreed to replace it. After being told it would arrive the following week many times, I found that the no. had been disconnected. The business was sold. The new owners said they are not responsible and I have gotten no response from the original owner. I do have her number now. I have asked her for a refund or will contact a lawyer. No response. What do I do now. I have limited income.


Asked on 3/21/07, 10:22 am

1 Answer from Attorneys

Duke Drouillard Drouillard Law, LLC

Re: Paying for and Not receiving product

Your experience illustrates one of the downsides to on-line shopping. If you used a credit card to complete your purchase, you might be able to dispute the charge by notifying your credit card company of the problem. Because of the time frame involved here, it may be too late to do this. Check with your credit card company to see if you may still dispute the charge with this vendor. If the company you ordered from has a local outlet, i.e., it is a national chain; you may file a claim in small claims court against them. If they are an out of state business only, the small claims court may not have jurisdiction over them. I would suggest you contact the new owner of the company and advise that unless they replace the hood or refund your money, you will advise the Better Business Bureau and several on-line consumer review websites of your disappointment with their products and customer service. If you do this, be certain not to exaggerate your experience or make false statements; otherwise you may be liable to them for your misstatements.

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Answered on 3/21/07, 10:49 am


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