Legal Question in Consumer Law in New York

Legality of Advertising and Internet Sales

My question stems from a television I

purchased from an internet reseller

who advertised the television as

''brand new'' only to find out 6 mos

later, when I had to have the

television serviced, that it is, in fact,

refurbished and not ''brand new''.

I've already been thru mediation with

that State's Attorney General, to no

avail. The reseller has simply ignored

our request for their side of the story,

so the SAG has suggested that I seek

legal action as the next step,

however i don't know what the

legalities are.


Asked on 1/01/09, 4:29 pm

4 Answers from Attorneys
Christopher Vaughn-Martel Charles River Law Partners, LLC

Re: Legality of Advertising and Internet Sales

As the others have said, you need to have a Chapter 93A Demand Letter sent to the retailer. If a reasonable offer of settlement is not made, you should then file an action in small claims (or District Court) depending on the amount in controversy.

Please do not hesitate to contact my office should you have any questions.

Read more
Answered on 1/03/09, 3:10 pm
Warren Wood Law Offices of Warren Wood

Re: Legality of Advertising and Internet Sales

You have consumer rights even for Internet purchases. You

may wish to speak with a consumer attorney. This office provides free consultations.

Read more
Answered on 1/01/09, 5:19 pm
Kenneth Augen Augen Law Offices

Re: Legality of Advertising and Internet Sales

Interestingly, I have dealt with a very similar issue involving an internet reseller. If you haven't already sent a "93A" demand letter, that would be your first step. If the company fails to respond to the demand letter within the statutory period, you can file suit.

Please feel free to contact me if you would like to discuss this further

Read more
Answered on 1/01/09, 5:42 pm
Joseph Murray Joseph M. Murray, Esq.

Re: Legality of Advertising and Internet Sales

RETAIN AN ATTORNEY TO SEND A CHAPTER 93a DEMAND LETTER SEEKING MULTIPLE DAMAGES AND ATTORNEY'S FEES FOR VIOLATION OF THE CONSUMER PROTECTION LAW BY MISREPRESENTING THE tv AS "BRAND NEW".

Read more
Answered on 1/01/09, 5:49 pm


Related Questions & Answers

More Consumer Law questions and answers in New York