Hey guys, Over the past few weeks, I have had issues with a company that I had bought an aftermarket part from. The ordered part was being advertised (and still is) as fitting with no modification at all. When I gave the part to the body shop, along with my vehicle it was clear it would not fit. Supposed to be 15 mount points, there were 0, side slides didn't line up etc:hmph:. Upon contacting the company that sold the part I was told they had no idea why it wouldn't work. In our conversation the representative I was speaking to supposedly called their supplier and the supplier notified them that said part is only supposed to fit 1999-2001 models. (Mine is a 03.) I then requested that they would pay for necessary work to get the bumper to fit as advertised, or atleast store credit - they denied both requests:waiting:. They told me I could return the bumper....with a hefty restocking fee, and shipping at my expense. The representative told me later that night that all that was required for bumper fitment was the older style bracket mounts which were fairly cheap, so I ordered those parts. Upon arrival, the body shop could still not get the bumper to fit my vehicle. I contacted the company again, who said this was unfourtunate and that they were still unable to give me a full refund, or store credit but that I was still welcome to return the part at my expense plus a restocking fee. So that brings us to where I'm at now. I have already filed a complaint with the Better Business Bureau, and the Attorney General's office of Washington State, but would like to write them a letter of demand to try and settle outside of Small Claims. I have copies of all conversations that took place between myself and the company in question and also the body shop. Hard copies of the advertisements are on hand, and after review the Lanham act of 1946 (15 U.S.C.A. ยง 1051 et seq) and a few other cases involving false advertisement; I believe a solid case against them. Now I was wondering if anyone was ever in a similiar situation, what additional steps I should take, and if you have any tips in writing a letter of demand. I plan on giving them a week to respond to said letter, but don't know how "official" or what specific information I should include in it. :help: I hate that I have to take it to this level, but I refuse to lose money over a companies failure to disclose necessary information about sold goods. Any help or insight you guys could provide would be greatly appreciated. *Names and specifics are being left out to avoid it hurting my future case, and avoid slander as I do not specifically know what can be constituted as slanderous.
the BBB and AG is where you go to let them know they are shady. Small claims to get your loot back. not sure what you need to write in the letter other than you advertised X i purchased X and it doesn't work. I want a refund for product and shipping both ways or i will be taking you to court. Give them the date and method in which you want a reply from them. if nothing then head down to court. keep it SIMPLE, non emotional. and just list the facts. registered/certified USPS mail
Jedidiah got all the major points so if you follow that, you have done as much as you can to keep your case as strong as possible. The only other thing is to make sure you document and save every conversation/email exchange you have had, and if you end up sending it back, definately make sure it is certified with delivery confirmation and ask for a signature.
Thanks for the tips and kind words guys. I mailed out the hard copy, and emailed them a copy of my letter of demand as a formal notice. We'll see how it goes. In the mean time, I ordered another bumper - from their competitor :lol:.
Good luck man, Its good you have the convos recorded or atleast copies of them, just have copies and proof of everything, make sure they dont switch anything on the site, if they do, print it out and make sure its dated. Sucks this is happening though.
Well. Recieved my response. A very very VERY hostile response. We'll see how this whole small claims court thing goes.
thas a bunch of bs. how they gonna treat a costomer like that. all they had to do was take the bumper back and not charge you any thing even cover shipping.. i would say that you have a very very stong case. its no differnt than going to the store and buying a case of pepsi, and when you get home and open it thre is dr.peper insde its faulty advertising. id also make sure that if you win in small claims you get compasated for time lost during your day
If you used a credit card for the purchase, call your credit card company and dispute the charges based on fraudulent advertising...That will get their attention fast..I love my Amex for this exact reason and they are the best for fighting for their cardholders..However, any credit card company that you use will work fine..In fact, I would ask for a return shipping label fron them at their expense including reimbursement for the extra brackets that they had you buy... Sean,,,,,
