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How to claim a misrepresented product?

How to claim a misrepresented product?

Imagine you bought something based on the advertisement and you are excited for its arrival, only to receive some defective or different product. The frustration and anger you felt at that time is so real and justified. The scenario where a product doesn’t live up to consumer’s expectations is normal consumer frustration felt by every consumer when they are wronged. But you have rights, and you can act if they are violated, this article will show what steps to take while facing such a situation.

Identifying the Wrong Advertised Product

The first step towards fighting for your rights is to find the product’s misrepresentation. You need to be aware of them so that you fight for your rights. Here are some red flags to look out for:

  1. Exaggerated Claims: Look out if the performance of the product or benefits of the products are significantly outstated. If the product can’t do something that’s being advertised.
  2. Missing Features: Find out if the ad advertises something that the product lacks.
  3. Deceptive Visuals: The advertisement uses images to portray their product, find out if the images show a different product that the one that you received.
  4. Find print disclaimers: The crucial details are always hidden in the smallest often unreadable texts, look out for them.

Gather Evidence

Evidence is the most vital thing when it comes to proving your claim. Before you contact the seller, document the issue you faced and keep a record of everything.

  1. Advertisement: Advertisement is the most crucial part of your claim, this is the thing on which your claim is bases. Print a physical copy of advertisement or take a screenshot if it was digital.
  2. Purchase Receipt: Keep the purchase receipt of the product you bought to prove your purchase.
  3. Product Packaging: Keep the purchase packaging sometimes they contain important details that can be helpful later.
  4. Document the product: Document the product’s fault by taking a photo or a video.

Resolving Issue with Seller

In some cases, the problem of falsely advertised products can be resolved by contacting the seller.

  1. Contact the costumer service: This is the first step in resolving this issue. Be polite but be firm and explain your matter clearly and seek solutions.
  2. Request a resolution: Depending on your issue request what you want a refund, compensation, or a new product.
  3. Keep Records: Document all the conversation that happened with your seller, including dates, emails, name of the representative you spoke to and any promises that were made.

If the Seller doesn’t Corporate

If the seller doesn’t answer you properly or offer unsatisfactory resolutions, you should consider these steps:

  1. Review your warranty: Review the warranty card that card with the product, warranty often covers product defects.
  2. Escalate within the company: if the representative you spoke to didn’t respond properly then try to talk to the supervisor or manager of the company.

Alternative Dispute Resolution (ADR)

ADR offers a less and comparatively faster way to solve matters than litigation. There are two main options:

  1. Mediation: A neutral party helps solve the issue by facilitating the conversation between you and the seller to reach a decision.
  2. Arbitration: A third party who’s neutral makes a binding decision on how to solve the situation.

Seek Legal Help

If all the above doesn’t work, then legal action can be necessary. This should be the last resort due to the potential cost and time involvement. Here’s what you can consider:

  1. Lawyer Consultation: For complex cases and larger resolutions, seeking legal help from skilled lawyer to help you assist in the legal process is necessary.
  2. Small Claims Court: A simpler and less expensive option for smaller claims. Research your local limits on claim value.

Remember with all these steps and legal representative you can effectively manage the dispute of misrepresentation of a product and receive your due compensation.

If you need any kind of legal help, then call now for a free consultation (718) 414-6642.

Justin William, Esq.

Call Now to Schedule Your Free 1 Hour
Peace of Mind Briefing: (718) 414-6642

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