Customers should never have to pay restocking fees on items that are returned because they are defective; however, not all companies follow this rule.
The Texas Attorney General's Office has filed a lawsuit against a Houston auto parts dealer, alleging that the company violates the Texas Deceptive Trade Practices Act. Customers who purchased products from the dealer thought they were buying low-mileage automobile engines and transmissions from Japan were actually buying junkyard scrap including cracked motors and rusted valves. When these customers returned the defective parts they were charged a 20 percent restocking fee.According to the Maine Consumer Guide Law, consumers should not pay a restocking fee if a product is being returned because it is defective. The Guide states, "...it would not be proper to charge [a restocking] fee if the item were being returned because it was defective."
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In Maryland, consumers cannot be charged a restocking fee on items that are returned because they are defective. This is because every purchase is covered by an implied warranty - "a guarantee that the item works when you buy it." The Maryland Attorney General's website gives the example of a woman who purchased a couch from a department store and later discovered a manufacturer's defect. The store then charged her a restocking fee. However, according to the website, "Since the item was defective, the store's return policy did not apply to this consumer's case and she should not have been charged a restocking fee."If you purchased a defective product and were charged a restocking fee when you returned the product to the store, you may be eligible for compensation for the restocking fee. Contact a lawyer to discuss your options.
And more from us on Restocking Fees next week...
