More details to this question:
I live in Florida and purchased an expensive electronic device online from a company based out of California. The product is made in China. After less than three months the unit began to malfunction so I sent it back to the dealer in California for repair. They claimed there was a firmware issue so they updated the firmware on the device and returned it to me. After receiving I immediately tested the device and found the problem was still there. Now I am asking for a refund or exchange and they are refusing. My point of view is I purchased a device and expect it to perform and function as described and it doesn't so either a repair, exchange, or refund is warranted. Do I have a valid civil case and if so do I file in FL or CA? Do I sue just the deal or manufacturer and since the manufacturer is in China, how will that work?
1 ANSWER
Consumer Debt Collector Harassment & Abuse Attorney serving Tampa, FL
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The practical answer to question starts with assessing the cost of the item relative to doing something about it. The more expesive the item, the more expense you can justify trying to resolve the issue legally. If the item is under $5,000.00 you would probably be chasing dimes with dollars in a multistate litigation case. Up until you probably exceed $30-40,000.00 for the item, you would end up weighing the expenses vs. various options for settlement or resolution. If the item is over $100,000.00 it might prove worthwhile to deal with litigation against foreign manuafacturers, as you ge embroiled in treaties and huge complications enforcing judgments or collecting them. This is not a legal analysis as much as it is a cost analysis related to enforcing legal rights.
Answered on May 23rd, 2014 at 3:24 PM
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