Legal Question in Consumer Law in Virginia

False Advertising

I purchased a product from a company via the internet which offered free shipping. During checkout their was no indication of a delivery cost because they offer ''free shipping on products over $40''. I received the product, it was not what was described by their salesperson so I returned the product. Here is my concern, they only credited by credit card the cost of the product $262 less $14.00. I called the company and they stated that their return policy states that I could be held responsible for shipping costs if I return the product. I stated that I didn't pay for shipping, it was ''free shipping'', I paid $262.00 for the product. Long story short I am interested in persuing a law suit against this company for deceptive practices and false advertising. How many other consumers did they bait with ''free shipping'' but charge them when they return the product. If they claim free shipping they need to disclose the shipping charges during checkout.


Asked on 12/30/02, 9:07 am

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: False Advertising

I suspect that a provable case against this particular company for "deceptive practices and false advertising" would require something more

than what you've described here.

After all, you did get "free shipping" when the

product was sent out to you. When you sent it back, the charge which you describe as a shipping charge, the company, if it chose to(despite what one of its employees may have told you on the phone), might describe it as a "restocking" fee or charge which is quite common in the retailing business.

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Answered on 12/30/02, 9:30 am


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