Consider the following scenario: you have purchased a couple of shirts from a retailer with the knowledge that they are all 100% cotton shirts. However, when you finally get around to wearing one of the shirts, you realize it’s reacting badly to your skin. The shirt is obviously not 100% cotton, but maybe the time for clothing exchange has lapsed, you have already washed the shirt, or maybe the material tag doesn’t list any other products. You may be unsure whether you have a case to make against the retailer if they refuse to exchange the shirt for you, and that is where the role of consumer protection and dispute attorneys can come in to help you.
Warranties and Consumer Services
Whenever you buy an item, it will always come with a warranty. That warranty is the understanding that the purchased product is expected to function properly. There are two types of warranties that come with purchases. The first is one given by the retailer, called an express warranty. This is the promise of the seller that the item being sold will work as promised. It can be written, advertised, or spoken.
The other warranty is the implied warranty, which is automatically applied legally. This promises that a product will function to a level of average to good. This comes with any item purchased, especially if there is no express warranty given at the time.
Warranty Breaches and Consumer Protection
Essentially the warranties are there to give the sellers a chance to right a potential wrong. If there is a breach, the consumer and retailer may take a couple of different steps. The retailer may replace or refund the product. Both parties may opt for mediation. Or, if nothing works out, the consumer may sue the seller.
Preparing a Case
If a consumer decides to move forward with suing the seller, then they can use the services of a litigation attorney. Many different laws about consumer protection are in place at both state and federal levels. Having a lawyer to help you navigate the process can make it easier for you; you will be required to submit a consumer complaint and report the retailer to begin the process.
If you need a commercial litigation lawyer San Diego, consider getting in touch with our team of litigation lawyers at Top Performance Legal. They will be able to represent you according to proper consumer legal remedies and work with you to try and reach a favorable outcome.