Legal Question in Consumer Law in Pennsylvania

Consumer rights & Harrasment Question

My son(15 years old) and his friend went to a nearby store to purchase a Trading card game. My son asked the clerk what the sale price of the game was. My son was quoted a price of $15. My son purchased the game for $15. Upon opening the game my son and his friend dicovered my son had purchased some cards that he could resale at a cost of $85+.

My sons friend and younger brother returned to the store to buy another card game. Upon returning the Manager who was now there was told by the clerk this boy had been with my son earlier when my son purchased the first trading card game. The manager began threatening the boys with legal action if my son did not return his trading card game. Telling them the police would be at their house. etc...Why? Because the (Collectors) game is sold for $90 not $15. This manager yelled, threatened and had the boys in tears. My son immediately returned the game and was given his $15 back. But not before he too was screamed at!!!

Do we have any legal right to this mess? Can I legally regain the card game or file harrasment charges?

This manager acted totally out of control. I feel we should have some sort of recourse.?.


Asked on 6/28/05, 3:44 am

2 Answers from Attorneys
Charles A. Pascal, Jr. Law Office of Charles A. Pascal, Jr.

Re: Consumer rights & Harrasment Question

I agree with Atty. Johns. Also, the game should not have been returned. It was legally purchased for the price given at the store. The only way that this would be potentially illegal on the part of your son is if he knew that the price was higher. Since he asked the price and was given the price by the store clerk, there should not be any criminal liability on the part of your son. The threat of the police is, as Atty. Johns said, close to, if not outright, extortion. The store made a mistake. The store manager's recourse is against his own employee, not your son. The game, however, should not have been returned.

Read more
Answered on 6/29/05, 7:53 am
Mark Johns Mark Johns, Esquire

Re: Consumer rights & Harrasment Question

The threat to have the police go to their homes if the game was not returned is pretty close to extortion. If it is a chain shop, chance are that a lawyer could recover some money relatively quick and painless. If it is a local shop the owner may fight and make the process longer and harder. You should speak to an attorney to discuss the situation more fully. I offer free consultations.

Read more
Answered on 6/28/05, 5:09 am


Related Questions & Answers

More Consumer Law questions and answers in Pennsylvania