Legal Question in Consumer Law in New York

Bought 1 TV online, 2 Rec'd, 1 Return, No Refund

My wife bought a 40'' LCD TV on Yahoo Shopping, but 2 were shipped to our house. 2 TVs were charged in separate transactions on her AMEX. We refused 1, have proof from DHL they received it, but they will not refund the money. They say the money will be returned in 48 hours but it never is. This is a shady business in Brooklyn. We have passed the window of opportunity to contest this with American Express. We would like to sue, and possibly for more than the $1409 not returned. The seller is no longer on Yahoo Shopping. We feel they will cut and run with their business folding up. What recourse should I take? What type of lawyer, courts?


Asked on 9/19/07, 3:24 pm

2 Answers from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Bought 1 TV online, 2 Rec'd, 1 Return, No Refund

This question has been presented before in this forum a while back and obviously still awaits resolution. As the New York attorney has noted, it's obviously a small claims court matter.

If you live in Virginia, why not file your case in the Brooklyn small claims court on your next visit to New York City(if you're still within the statute of limitations) and then get a court date for you to come back and prosecute your claim?

The statute of limitations is probably around two years or so but you could check with New York counsel to make sure.

Read more
Answered on 9/20/07, 11:13 am
Anthony Colleluori The Law Offices of Anthony J. Colleluori & Associates PLLC

Re: Bought 1 TV online, 2 Rec'd, 1 Return, No Refund

The case is really small. Most attorney's in NY won't touch it. It is a small claims case. You say that the business is shady, call and write to the State Attorney General's Office (NY AG is Andrew Cuomo) and also your home state AG their consumer fraud bureaus may be able to help for free.

Good Luck.

Read more
Answered on 9/19/07, 10:27 pm


Related Questions & Answers

More Consumer Law questions and answers in New York