What to Do If the Company Does Not Fulfill the Guarantee
The Supreme Court heard the case to decide whether the Consumer Financial Protection Bureau (CFPB) was unconstitutional. (Spoiler alert: It’s fucking constitutional .) Still, when consumer protection is at stake, it’s worth remembering your rights as a consumer, especially since you may have more than you think. Specifically, let’s see what you can do when a company doesn’t honor its warranty.
Even if you do not have a written guarantee that the manufacturer will repair or replace your purchase, you still have implied protection as a consumer. Here’s what to do when you need to get a company to honor a warranty, and what you can do to avoid questionable sellers in the first place.
First of all, understand the different types of guarantees.
You don’t have to be a lawyer to speak, even a little. If you find yourself in a situation where a company refuses to honor a warranty, make sure you understand what type of warranty you are dealing with.
- The express guarantee is a written or verbal guarantee. Written warranties may have full or limited coverage.
- An implied warranty is an unwritten defense that is automatically assumed when you purchase most products.
- A lifetime warranty doesn’t mean your life, so check the fine print. This may refer to how long a company has been selling a product or how long it has been available from a manufacturer.
Watch out for related sales clauses , which require customers to purchase products or services from a specific company in order to maintain warranty coverage.
In addition to covering your warranty, you may claim indirect or incidental damages, which are external damages caused by a defective product.
What to do if the company does not honor the warranty
So, you know that your defective item is under warranty, but the seller refuses to repair, replace, or refund you. Your first course of action is to try and follow the warranty directions to create a dispute. Most warranty documents have a section on dispute resolution procedures .
If dispute resolution doesn’t work, send a letter of demand . This letter should state the terms of your warranty, the problems with your product, and the desired solution. If you need to contact a third party for repairs, send receipts to the warranty company and claim a refund.
All the while, make sure you document every step of your complaint. For example, it is wise to send any letters by certified mail so that you can request acknowledgment of receipt. If you’re struggling to get an answer, please post it. Post your complaint on the company’s Facebook or Twitter page. Hey, this works for airlines .
Still out of luck? Complain to the Better Business Bureau and the state attorney general or consumer protection department. If all else fails, file a claim for damages. No one wants to go to small claims court, but a guarantee is a contract that stands in court. For expensive products, contact a consumer protection lawyer.
How to avoid this problem in the first place
To avoid the hassle of voiding your warranty, here are a few tips before you buy:
- Get everything in writing. If a warranty is stated, send a confirmation email and keep copies of all performance promises.
- Do not buy products that are sold “as is” or with similar formulations.
- Always ask to see the warranty. This is one of your consumer rights. If the manufacturer or seller does not show you the details of your warranty, even after you explain your rights, file a formal complaint or find another seller.
Remember that you have more consumer rights than you think. Unfortunately, some manufacturers will actually make you fight for them.