Dear Consumer Ed: 

Should I be able to get my money back on a layaway if not paid in full?

Consumer Ed says: 

Most stores will offer a refund or store credit equal to the amount of money that you have paid so far (minus a reasonable service fee or re-stocking charge). That being said, there is no federal or Georgia law that guarantees you the right to receive a refund under a standard layaway policy. Therefore, what you actually get back will mainly depend upon the company’s layaway policies.  However, those policies should have been clearly disclosed at the time of purchase (for example, on the sales receipt or on signs prominently displayed in the store).

If you believe that the store did not adequately disclose the terms and conditions of its layaway refund policies, or that those policies were otherwise unfair or deceptive, you can file a complaint with the Governor’s Office of Consumer Protection at www.consumer.georgia.gov or by calling 1-800-869-1123.  You can also file a complaint with the Federal Trade Commission by visiting ftc.gov or calling 1-877-FTC-HELP (1-877-382-4357).

The best way to protect yourself in future transactions of this kind is to inquire into a company’s layaway policies prior to making a purchase, and to ask for those policies in writing.

If you enjoyed this post, make sure you subscribe to my RSS feed!

Dear Consumer Ed:

I recently purchased a ticket for a NASCAR race in Atlanta.  The race was rained out on the scheduled day of the event (Sunday).  The race was rescheduled for the following Tuesday.  I and many people were unable to attend due to work and kids in school.  When I purchased my tickets from the box office there was no mention that the tickets were non-refundable or could not be exchanged in the event of rain.  There was also no mention of this policy when I picked my tickets up at Will Call or on the paper I signed for receipt.  It was on the tickets, but by then it would have been too late since they had already charged my credit card.  I also checked the website which made no mention of their policy.  Is there a law that protects the consumer in such circumstances?

Consumer Ed says: 

Georgia law does not require ticket providers to issue refunds when events need to be rescheduled.  Any refund or rescheduling policies are governed by the terms and conditions of the ticket provider or the venue itself.  If you purchased your ticket through a ticket broker such as Ticketmaster, that broker is required by law to disclose all relevant terms and conditions, including refund policies, and to provide a full refund to the ticket purchaser if the event is cancelled and not rescheduled. 

Atlanta Motor Speedway provides information regarding its rules and regulations, which can be accessed at www.atlantamotorspeedway.com/visitors/rules/.  On the website, the Speedway states that there will be no refunds for any postponement of an event, and that the tickets purchased will be honored on the date that the event is rescheduled.  The website further states that there will be no refunds or exchanges allowed for any reason.  Other ticket brokers’ websites have very similar provisions.

So, before you purchase your ticket for an event, you should always ask the ticket provider and event venue about the terms and conditions of the ticket purchase (these terms and conditions are often found on the provider’s website or on the ticket itself).  The terms of use found on a website where tickets are purchased or on the tickets themselves are considered binding contracts, so the ticket purchaser would be required to adhere to those terms.  If there are no provisions in the seller’s terms and conditions that entitle you to a refund in the event of a cancellation or a rescheduling that you cannot attend, you unfortunately have no recourse.

If you believe a ticket broker failed to comply with the disclosure requirements, you should contact the Georgia Athletic and Entertainment Commission at (404) 656-2868 or by visiting www.sos.ga.gov/gaec/.

If you enjoyed this post, make sure you subscribe to my RSS feed!

Dear Consumer Ed:

I ordered an iPad from a store in Columbus.  I was told it was in stock and that I would receive it within 14 days, but I never did.  I requested a refund.  I have been waiting more than 3 weeks for the refund.  The company can’t even tell me if the check has been processed.  Can they charge my debit card prior to shipping an item?

Consumer Ed says:

It is not illegal for merchants to charge for a product before it has shipped. In general, debit card transactions are governed by the Electronic Funds Transfer Act (EFTA), which does not require debit card issuers to wait until a product has shipped prior to authorizing a transaction from your account.  That being said, your debit card provider may have a policy prohibiting the merchant from charging your account before shipment.  For example, Visa requires that merchants ship a product prior to charging any Visa debit card.  Since you used a debit card to pay for the merchandise, contact the card-issuer to find out about company policies. 

However, if your order is not delivered, you are guaranteed a refund under the Federal Trade Commission’s Mail or Telephone Order Merchandise Rule, which requires that your order be shipped within the time stated in company advertising or by phone.  If no specific time is promised, your order must be shipped within 30 days from the merchant’s receiving a "properly completed order" with your name, address and payment by check, money order or authorization to charge an existing credit account.  If the order is not shipped within the promised time, the merchant must notify you of the revised shipping date and give you the option to cancel for a full refund or accept the new shipping date.  Since you paid by debit card (this would also apply to cash, check or money order), your refund must be mailed within seven business days.  For future reference, had you made the purchase with a credit card, the merchant would be required to credit your account within one billing cycle. 

If you are unable to resolve this issue, please contact the Governor’s Office of Consumer Protection or the Federal Trade Commission (FTC).

If you enjoyed this post, make sure you subscribe to my RSS feed!