Nov 17, 2008 2:57 pm US/Eastern
Consumer Rights When It Comes To Returns
BOSTON (CBS) ―
Massachusetts Attorney General Martha Coakley addresses consumers' return rights this holiday season.
- A Massachusetts retailer can typically have any refund, return or cancellation policy it wants, but that policy must be clearly and conspicuously disclosed to the consumer prior to the conclusion of the transaction. Many retailers provide the disclosure by a posted policy at the register or service desk.
- If a return policy is only listed on the sales receipt, that is not considered clear and conspicuous prior disclosure, as you only get a receipt after the sale is completed.
- If no return policy was disclosed, goods may be returned within a reasonable period of time.
- Restrictions in return policies do not apply to defective goods—goods which cannot be used as intended, such as the toaster that will not toast or a television that does not get a picture. The store is required to give you a choice of a refund, repair or replacement.
- Be sure you know the store's return policy, so you can tell your intended gift recipients. Many stores offer "gift receipts" without the price on them so a recipient can return or exchange the gift. You may want to request such a receipt if the store provides this service.
My retailer is "liquidating," is it safe to purchase products from it?
- If a store is liquidating, it may mean that someone is selling off some or all of its merchandise and that they may or may not be going out of business. Ask the retailer what its future plans are and what their return policy is. In addition, you may want to ask for a copy of the original receipt as well for your own records."
- Never buy a gift certificate or gift card from a seller saying it is liquidating unless you know what it means—the business may not be there tomorrow, and you may be out of luck.
- If you contemplate buying something at a "liquidation sale," do your homework first. Compare prices before you buy, as you may not be able to return purchases. A retailer in liquidation can still have any return, refund, or cancellation policy it wants, as long as those policies are disclosed before the purchase is made. While it may not accept defective merchandise from return, if the store is closed, that policy will not be useful to you.
Consumers that have questions about retail laws in Massachusetts or wish to make a complaint against a business should contact the Attorney General's Consumer Hotline at (617) 727-8400. The Attorney General's Website, www.mass.gov/ago, offers additional tips on retail rights and consumer protections.
The above was excerpted from the Attorney General's "Consumer's Advice for Holiday Shopping Season."
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