Legal Question in Consumer Law in New York

I purchased a backup battery power supply (AKA solar generator) from a small business who manufactures their own products and it cost roughly $1,500.00 . Seperately for it I bought a solar panel and other accessories and items to use with it with a grand total spent including the battery power supply about $5,000 . The business sent it to me late and I confirmed with FTC that I could consider it a free gift but I did not do a charge back because I felt it would be wrong and I did want the product.

I noticed an intermittent issue with the product and contacted the business and they said to send it back so they could fix it and they reimbursed me shipping. Now after nearly 3 weeks of them ignoring my emails asking for an update they respond saying that they are going to keep the machine and refund me my purchase price.

I do not want a refund and I want the fixed product since I can not return the other items I only bought because of this product.

What are my options? Can I use and get damages for the cost I am out on the other products I can not return? I already emailed him back saying I do not consent to a refund and for them to keep my item.

Can I have criminal charges filed for theft since its my property and they want to keep it without my permission?

Also I am located in NYS and business is in TN.

Thanks


Asked on 4/05/14, 9:34 am

1 Answer from Attorneys
Kevin Connolly Kevin J. Connolly

You can sue for the price you paid plus consequential damages. Recovering attorney fees would be a challenge but properly handled we can get yiou made nearly whole. Small claims are limited to $5000, but this kind of case is grist for the mill in the main part of the civil court. Feel free to contacr me and we can discuss the cost of prosecuting this civil case.

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Answered on 4/05/14, 1:42 pm


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