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	<title>return policy Archives - Dennis Beaver</title>
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	<description>You and the Law</description>
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		<title>Bill Bought a Fridge, and Then His Nightmare Began</title>
		<link>https://dennisbeaver.com/bill-bought-a-fridge-and-then-his-nightmare-began/</link>
		
		<dc:creator><![CDATA[Dennis Beaver]]></dc:creator>
		<pubDate>Fri, 27 Jun 2025 19:08:49 +0000</pubDate>
				<category><![CDATA[business]]></category>
		<category><![CDATA[complaint]]></category>
		<category><![CDATA[consumer]]></category>
		<category><![CDATA[return policy]]></category>
		<category><![CDATA[warranty]]></category>
		<guid isPermaLink="false">https://dennisbeaver.com/?p=4480</guid>

					<description><![CDATA[<p>June 24, 2025 • By Dennis Beaver If you are about to buy a major appliance from Lowe’s or Home Depot, you might want to read this story first and take a moment to consider how angry, frustrated and upset you would feel if what happened to Southern California resident Bill Bright happened to you. [&#8230;]</p>
<p>The post <a href="https://dennisbeaver.com/bill-bought-a-fridge-and-then-his-nightmare-began/">Bill Bought a Fridge, and Then His Nightmare Began</a> appeared first on <a href="https://dennisbeaver.com">Dennis Beaver</a>.</p>
]]></description>
										<content:encoded><![CDATA[<p><span style="color: #000000; font-size: 12pt;">June 24, 2025 • By Dennis Beaver</span></p>
<p><span style="color: #000000; font-size: 12pt;"><a style="color: #000000;" href="https://dennisbeaver.com/wp-content/uploads/2023/08/Dennis-Beaver-Photo.jpg"><img decoding="async" class="alignright wp-image-4082" src="https://dennisbeaver.com/wp-content/uploads/2023/08/Dennis-Beaver-Photo-240x300.jpg" alt="" width="200" height="250" srcset="https://dennisbeaver.com/wp-content/uploads/2023/08/Dennis-Beaver-Photo-240x300.jpg 240w, https://dennisbeaver.com/wp-content/uploads/2023/08/Dennis-Beaver-Photo.jpg 300w" sizes="(max-width: 200px) 100vw, 200px" /></a>If you are about to buy a major appliance from Lowe’s or Home Depot, you might want to read this story first and take a moment to consider how angry, frustrated and upset you would feel if what happened to Southern California resident Bill Bright happened to you.</span></p>
<p><span style="font-size: 12pt; color: #000000;">Based on what Bright has told me about his experience (backed up by receipts and emails), it appears Lowe’s, the nation’s largest appliance seller, doesn’t have its customers’ best interests in mind when the major appliances it sells fail within days after delivery.</span></p>
<p><span style="font-size: 12pt; color: #000000;">Here’s the question that many shoppers never think to ask before purchasing a major appliance: What’s the return window?</span></p>
<p><span style="font-size: 12pt; color: #000000;">What would you consider fair? What’s reasonable in view of the well-known fact that some appliances have latent defects that are not immediately apparent? A month? Two months? Or maybe even three months, which is Costco’s return policy?</span></p>
<p><strong><span style="font-size: 12pt; color: #000000;">Lowe&#8217;s slashed the return window for major appliances</span></strong></p>
<p><span style="font-size: 12pt; color: #000000;">While this is not a new policy for Lowe’s, it’s new to me, and customer Bright was not aware of it when he bought his fridge. In 2022, the home improvement chain cut its return window from 30 days to 48 hours for virtually all major appliances.</span></p>
<p><span style="font-size: 12pt; color: #000000;">Check it out in bold print on the Lowe&#8217;s website. The clock begins running at the time of delivery or store pickup.</span></p>
<p><span style="font-size: 12pt; color: #000000;">Lowe’s is not alone: Home Depot has the same policy, as do some regional appliance dealers.</span></p>
<p><span style="font-size: 12pt; color: #000000;">Why would retailers do this, especially major ones like Lowe’s and Home Depot?</span></p>
<p><span style="font-size: 12pt; color: #000000;">According to the April 8, 2022, edition of the appliance trade publication YourSource News: “According to sources, the new policies were initiated to help (Lowe’s) increase margin on its white-goods assortment.”</span></p>
<p><span style="font-size: 12pt; color: #000000;">Other comments online, such as on a Reddit post, suggest one reason for the policy is that retailers are trying to block customers from using new appliances as rentals and then returning them weeks later. Which, of course, is not fair to the retailers, but the majority of customers are not doing that.</span></p>
<p><span style="font-size: 12pt; color: #000000;">So under this 48-hour return policy, if you have an issue with your new appliance, you, the customer, must deal with sometimes frustrating service people sent by the manufacturer, because large retail chains have decided they don’t have to help customers who were unlucky enough to purchase a defective appliance from them.</span></p>
<p><span style="font-size: 12pt; color: #000000;">That’s exactly what Bright experienced.</span></p>
<p><span style="font-size: 12pt; color: #000000;">As an aside, while Lowe’s is not alone in implementing this policy, it doesn’t seem consistent with CEO Marvin Ellison’s “helping hands” philosophy.</span></p>
<p><span style="font-size: 12pt; color: #000000;">According to reporting by Glenn Burkins, publisher of the Charlotte-based QCity Metro, Ellison said at a January 2025 Charlotte event, “Growing up in rural Tennessee, when your neighbor needed something, you helped them out. You couldn’t live well (when) your neighbor didn’t. That was something that was unconscionable where I grew up.”</span></p>
<p><span style="font-size: 12pt; color: #000000;">It is clear that Ellison understands the difference between what is conscionable — just, moral, fair — and the opposite — unfair, not helping your paying customers, placing profits over people.</span></p>
<p><span style="font-size: 12pt; color: #000000;">If Ellison practiced what he preaches and saw to it that Lowe’s treated its customers in a conscionable way, you would not be reading this article.</span></p>
<p><span style="font-size: 12pt; color: #000000;">But back to Bright’s frustrating story.</span></p>
<p><strong><span style="font-size: 12pt; color: #000000;">Brand-new refrigerator failed, followed by weeks of hassle (and no fridge)</span></strong></p>
<p><span style="font-size: 12pt; color: #000000;">Bright’s nightmare began when his new Frigidaire side-by-side refrigerator was delivered on March 12. He allowed 24 hours for the fridge to reach operating temperature before food was placed in it.</span></p>
<p><span style="font-size: 12pt; color: #000000;">“On Saturday, March 15,” Bright told me, “I found water on the floor, and the freezer was completely defrosted. I was unable to reach anyone at Lowe’s, but computer automation referred me to Frigidaire.</span></p>
<p><span style="font-size: 12pt; color: #000000;">“On Monday, I called Frigidaire again, asked about getting the fridge repaired or exchanged. I was told that Lowe’s would not to take the refrigerator back as it had been more than 48 hours from the date of installation.”</span></p>
<p><span style="font-size: 12pt; color: #000000;">Thus began his adventure, including Lowe’s corporate office refusing all help because of the 48-hour return policy for major appliances.</span></p>
<p><span style="font-size: 12pt; color: #000000;">Bright said that over a period of more than two months, 15 different repair technicians were sent to his home by Electrolux, the maker of Frigidaire products. They changed part after part, but Bright still did not have a functioning refrigerator.</span></p>
<p><span style="font-size: 12pt; color: #000000;">He would have been spared the hassle and expense of having to eat out if Lowe’s had simply refunded his money or swapped refrigerators, as it had done for years before 2022. Electrolux also could have helped Bright out by replacing the fridge when it became obvious it was defective.</span></p>
<p><strong><span style="font-size: 12pt; color: #000000;">Finally, Lowe&#8217;s comes through</span></strong></p>
<p><span style="font-size: 12pt; color: #000000;">In late May, a technician “condemned” the refrigerator, but Bright was once again put through delay after delay in receiving a promised refund from Lowe’s.</span></p>
<p><span style="font-size: 12pt; color: #000000;">He said the store continued to treat him poorly, offering far less than the full cost of the refrigerator.</span></p>
<p><span style="font-size: 12pt; color: #000000;">I got involved, in effect telling Lowe’s that their offer was an insult, and they finally agreed to a full refund.</span></p>
<p><span style="font-size: 12pt; color: #000000;">Bill then bought a Whirlpool refrigerator from Costco, which, as mentioned before, has a return policy of 90 days.</span></p>
<p><span style="font-size: 12pt; color: #000000;">“What upset me the most,” Bright said, “was Frigidaire acting as if nothing was wrong. I was without a fridge for 94 days.”</span></p>
<p><span style="font-size: 12pt; color: #000000;">I reached out to Lowe’s to get an interview on this subject, and with CEO Ellison, but have yet to get a response. This article will, of course, be updated if and when the company does respond.</span></p>
<p><strong><span style="font-size: 12pt; color: #000000;">What can potential appliance buyers do to protect themselves?</span></strong></p>
<p><span style="font-size: 12pt; color: #000000;">First, always ask about a store’s return policy on the specific appliance you’re purchasing. You can also research a retailer’s policy online — most display it on their website.</span></p>
<p><span style="font-size: 12pt; color: #000000;">Second, just because a return policy for a new major appliance is 48 hours doesn’t mean that a court will accept that as reasonable.</span></p>
<p><span style="font-size: 12pt; color: #000000;">Forty-eight hours is clearly not reasonable and could be declared unconscionable. Under the Uniform Commercial Code (UCC) § 2-302, courts may refuse to enforce unconscionable contracts or clauses.</span></p>
<p><span style="font-size: 12pt; color: #000000;">A customer could pursue a case in small claims court alleging that the refund clause was unconscionable and violated the UCC. Generally, retaining an attorney to do this wouldn’t be necessary.</span></p>
<p><span style="font-size: 12pt; color: #000000;">AI chatbots such as ChatGPT, Google Gemini or Microsoft Copilot, can provide a great deal of useful information on this subject, which, if you were to take an appliance seller to court, could help in a big way.</span></p>
<p><span style="font-size: 12pt; color: #000000;">If you do, please let me know the outcome.</span></p>
<p>&nbsp;</p>
<hr />
<p><span style="color: #000000; font-size: 12pt;">Dennis Beaver Practices law in Bakersfield and welcomes comments and questions from readers, </span><br />
<span style="color: #000000; font-size: 12pt;">which may be faxed to (661) 323-7993, </span><br />
<span style="color: #000000; font-size: 12pt;">or e-mailed to<a style="color: #000000;" href="mailto:Lagombeaver1@Gmail.com"> Lagombeaver1 &#8211; at &#8211; Gmail.com</a>.</span></p>
<p>The post <a href="https://dennisbeaver.com/bill-bought-a-fridge-and-then-his-nightmare-began/">Bill Bought a Fridge, and Then His Nightmare Began</a> appeared first on <a href="https://dennisbeaver.com">Dennis Beaver</a>.</p>
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		<title>Thinking of buying a used car? What you need to know</title>
		<link>https://dennisbeaver.com/thinking-of-buying-a-used-car-what-you-need-to-know/</link>
		
		<dc:creator><![CDATA[Dennis Beaver]]></dc:creator>
		<pubDate>Fri, 07 Oct 2022 23:23:03 +0000</pubDate>
				<category><![CDATA[business]]></category>
		<category><![CDATA[consumer]]></category>
		<category><![CDATA[lawyers]]></category>
		<category><![CDATA[return policy]]></category>
		<guid isPermaLink="false">https://dennisbeaver.com/?p=3910</guid>

					<description><![CDATA[<p>October 7, 2022 • By Dennis Beaver Let’s say you purchase a used car from a dealership and later want to bring it back for a refund. Do you have the legal right to get your money back regardless of the reason? Does the “Three-Day Cooling Off Period” apply? That’s what “Mack” thought. &#8216;I Looked [&#8230;]</p>
<p>The post <a href="https://dennisbeaver.com/thinking-of-buying-a-used-car-what-you-need-to-know/">Thinking of buying a used car? What you need to know</a> appeared first on <a href="https://dennisbeaver.com">Dennis Beaver</a>.</p>
]]></description>
										<content:encoded><![CDATA[<p><img loading="lazy" decoding="async" class="alignright size-medium wp-image-27" src="https://dennisbeaver.com/wp-content/uploads/2013/01/DennisBeaver-193x300.jpg" alt="Dennis Beaver" width="193" height="300" srcset="https://dennisbeaver.com/wp-content/uploads/2013/01/DennisBeaver-193x300.jpg 193w, https://dennisbeaver.com/wp-content/uploads/2013/01/DennisBeaver.jpg 300w" sizes="(max-width: 193px) 100vw, 193px" />October 7, 2022 • By Dennis Beaver</p>
<p>Let’s say you purchase a used car from a dealership and later want to bring it back for a refund. Do you have the legal right to get your money back regardless of the reason? Does the “Three-Day Cooling Off Period” apply?</p>
<p>That’s what “Mack” thought.</p>
<p>&#8216;I Looked Under the Seats for Money But Found Drug Paraphernalia!&#8217;</p>
<p>“I bought a used SUV two days ago and want to take it back to the dealer for a refund but when I told them why, they laughed at me and refused.”</p>
<p>He admitted that nothing was wrong mechanically, and the car drove fine, “but it is what I found under the front seats that scares me: Dangerous drug paraphernalia,” with a tone of voice increasingly strident and angry the longer we spoke.</p>
<p>And what was he looking for under the front seats?</p>
<p>“For money or jewelry sometimes that winds up there, but instead I found vaping equipment! That’s illegal! I don’t know what other illegal items are in the car and I want my money back! Also, don’t I have three days to cancel the contract?”</p>
<p>I explained to Mack there is no three-day right to cancel a vehicle purchase, and in his state, mere possession of vaping hardware is not illegal. Unless he had the right to bring the car back for a refund — spelled out in the contract — the dealership could decline his request.</p>
<p>Car Buyers Shouldn’t Believe the 3-Day Myth</p>
<p>“There is a mythical three-day return period on cars,” Michigan Lemon Law attorney and author Steve Lehto points out. He is also host of the highly informative “Lehto’s Law,” YouTube channel. “Even though it doesn&#8217;t exist, people are still adamant that they can return a car within three days for any reason. That right does not apply to motor vehicle transactions.”</p>
<p>The Three-Day Cooling-Off Rule protects consumers from high-pressure sales tactics often used in door-to-door sales, or from a seller’s temporary location, such as a hotel room, fairground, restaurant or convention center, according to the Federal Trade Commission.</p>
<p>Lehto’s Advice for Anyone Looking for a Used Car</p>
<p>I asked him to list the steps anyone looking for a used car should follow to reduce the chances of winding up with a bad case of buyer’s remorse.</p>
<p>(1) Research is the most important thing you can do before taking it for a test drive:</p>
<p>Price, based on your location, model, mileage and vehicle equipment can all be researched online and free using a car’s VIN. Just type in the VIN and these sites will tell you the year, are there any open recalls and other data that should influence your decision to buy it.</p>
<p>Just type in the VIN and sites such as the National Insurance Crime Bureau (NICB), VehicleHistory.com or iSeeCars.com/VIN will tell you the car’s year, whether there are any open recalls and other data that should influence your decision to buy it.</p>
<p>(2) Inspect the car yourself. Look for Leaks!</p>
<p>Check the oil, radiator coolant level and its color to be sure it is clean and not contaminated. If they will let you, look at the brake fluid, and the transmission fluid looking for leaks. Gasoline, brake fluid, transmission fluid, steering fluid, engine coolant &#8211; none of that should ever be dripping from the car!</p>
<p>(3) If you are serious about buying the car, spend the money to have a mechanic check out the car before buying it!</p>
<p>Most mechanics love doing inspections. They put the car up on a hoist, perform their inspection, drive it around the block, and tell you if they found something. It will be money well spent.</p>
<p>(4) Test drive the car and use it in the way that you normally would drive. Don’t just drive it on the parking lot or around the block.</p>
<p>Get it out on the road, up to your local speed limit. Does it vibrate? Does it shake? Does it make weird noises? Does it drive straight? If it doesn’t, this is one of the most obvious tell-tale signs of a real problem. Does it pull to one side?</p>
<p>(5) While you are test driving the car, check everything: Radio, the A/C, the heater, and spend the time in broad daylight. Never let them rush you! Never buy a used car at night as you could easily miss body damage or scratches.</p>
<p>(6) Never shop alone.</p>
<p>Do not be sucked into believing that the salesperson knows a thing about the car! It probably just came in to them two days ago!! You must check it out yourself, or with the help of a knowledgeable friend or family member.</p>
<p>(7) Be very careful with third-party, extended warranties.</p>
<p>Concluding our chat, Lehto cautioned, “Don’t fall in love with a pretty face! There are lots of good used cars out there, and you will find another one.”</p>
<p>Threats of Blackmail Didn’t Pay Off for Mack</p>
<p>So, what ended up happening to our car buyer, Mack? He didn’t appreciate the answer I gave him, and grew angrier.</p>
<p>“Unless they give me my money back. I will bad-mouth them online and picket their showroom!” he yelled.</p>
<p>“Mack,” I said in a tone of voice leaving no room for doubt about my seriousness, “that’s blackmail, and when we hang up, I am calling the dealership and warning them of your threats. So, word to the wise, forget those ideas.”</p>
<p>He didn’t like that statement, not at all. “How can you do that?” he screamed. “This conversation is protected by the attorney/client privilege!”</p>
<p>“Mack, we have not established an attorney/client relationship,” I replied calmly. “Merely calling a lawyer and explaining your planned, illegal course of conduct does not create a professional relationship, and the lawyer may even be required to report the conversation to the appropriate people, including law enforcement.”</p>
<p>And that is precisely what I did, giving the dealership a heads-up.</p>
<p>Fortunately, Mack followed my advice and backed off from his threats. He went back to the dealership, tail between his legs, to retrieve the SUV he had attempted to return, accompanied by his grandfather, who made him apologize for his 25-going-on-12-year-old behavior.</p>
<hr />
<p>Dennis Beaver practices law in Bakersfield and enjoys hearing from his readers. <a href="https://dennisbeaver.com/contact/">Contact Dennis Beaver.</a></p>
<p>The post <a href="https://dennisbeaver.com/thinking-of-buying-a-used-car-what-you-need-to-know/">Thinking of buying a used car? What you need to know</a> appeared first on <a href="https://dennisbeaver.com">Dennis Beaver</a>.</p>
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		<title>The case of the unrepairable KitchenAid fridge</title>
		<link>https://dennisbeaver.com/the-case-of-the-unrepairable-kitchenaid-fridge/</link>
		
		<dc:creator><![CDATA[Dennis Beaver]]></dc:creator>
		<pubDate>Mon, 05 Nov 2018 07:50:05 +0000</pubDate>
				<category><![CDATA[consumer]]></category>
		<category><![CDATA[return policy]]></category>
		<category><![CDATA[warranty]]></category>
		<guid isPermaLink="false">http://dennisbeaver.com/?p=2970</guid>

					<description><![CDATA[<p>November 2, 2018 • By Dennis Beaver For anyone shopping for a major appliance –dishwasher, refrigerator or a washer/dryer –how would you answer these questions? What should you expect from an appliance dealer when its service department has had multiple, failed attempts to repair an appliance still under the manufacturer’s warranty? Just how many bites at [&#8230;]</p>
<p>The post <a href="https://dennisbeaver.com/the-case-of-the-unrepairable-kitchenaid-fridge/">The case of the unrepairable KitchenAid fridge</a> appeared first on <a href="https://dennisbeaver.com">Dennis Beaver</a>.</p>
]]></description>
										<content:encoded><![CDATA[<p><img loading="lazy" decoding="async" class="alignright wp-image-27" style="margin-left: 8px; border: 1px solid black;" src="https://dennisbeaver.com/wp-content/uploads/2013/01/DennisBeaver-193x300.jpg" alt="DennisBeaver" width="193" height="300" srcset="https://dennisbeaver.com/wp-content/uploads/2013/01/DennisBeaver-193x300.jpg 193w, https://dennisbeaver.com/wp-content/uploads/2013/01/DennisBeaver.jpg 300w" sizes="(max-width: 193px) 100vw, 193px" />November 2, 2018 • By Dennis Beaver</p>
<p>For anyone shopping for a major appliance –dishwasher, refrigerator or a washer/dryer –how would you answer these questions?</p>
<p>What should you expect from an appliance dealer when its service department has had multiple, failed attempts to repair an appliance still under the manufacturer’s warranty? Just how many bites at the apple should repair technicians have before that item is replaced or the customer offered a refund?</p>
<p>“We bought all our appliances from them for over 40 years.”</p>
<p>It was so sad being on the phone with 72-year-old “Sylvia,” who, with her now deceased husband, Bakersfield dentist, “Dr. B.” had been both friends and clients of our office for many years. He was from that generation of health care providers who placed the needs of patients first, money second, accepting whatever they could afford.</p>
<p>“We were loyal customers for over 40 years, buying all of our household appliances from Urner’s. We never even thought to shop anywhere else, and so, January, 2017, I bought a beautiful KitchenAid refrigerator, along with an extended warranty,” she explained.</p>
<p>Urner’s has been an institution in Bakersfield for almost a century, its name synonymous with “always been here, always will, has the most knowledgeable sales and service people anywhere, takes care of customers.”</p>
<p>Sylvia has good reason to no longer believe that, and she’s not alone.</p>
<p>New Fridge &#8211; 3 failed attempts under warranty to repair</p>
<p>Almost immediately after installation, her $2,500 refrigerator, “Forms a huge block of ice, wasn’t cooling properly, which led to Urner’s making three separate attempts to repair it during the one year factory warranty. But it was the same thing, repeatedly; they replaced a fan, some wires, drove off, and it iced-up again.</p>
<p>“Then I learned Urner’s had shut down their service department, so when the factory warranty expired, under my extended warranty, two separate, failed repair attempts were made by different technicians,” she related, in a trembling voice, adding:<br />
“There is this big block of ice in it again and Urner&#8217;s is telling me to deal with the extended warranty company who couldn’t fix it after two tries.</p>
<p>“That’s why I called you, Dennis.”</p>
<p>So, I’m thinking, “Why didn’t Urner’s replace it after their own service people couldn’t fix the thing? What do they expect the lady to do after a year and a half? This is nuts. It’s more than nuts. How can you treat anyone this way?”</p>
<p>&#8216;We replace after two failed repair attempts&#8217;</p>
<p>We phoned appliance dealers across the country, asking, “What would you do?”</p>
<p>About 3 percent were as heartless as Urner&#8217;s. But Rick Pommenville, California Regional Manager for Atlanta-based Aaron’s Inc. eloquently stated what I found to be the dominant attitude of the many highly-reviewed dealers we spoke with.</p>
<p>“If we can’t fix it by the second time, it is replaced, we take the old one back to our store and obtain a credit from the manufacturer. It isn’t that complicated, and where our tech, or a certified technician is called out and tells us this appliance won’t last, we will even replace it after just one repair attempt. That’s how you should treat your customers, especially the elderly,” he underscores.</p>
<p>&#8216;Wednesday, Sept. 19: Where is your courage?&#8217;</p>
<p>With Sylvia on the line, I called Urner’s and spoke with Customer Service Representative “Mr.N.” These are the people who should help the customer, not wimp out. Soon it was clear this guy desperately needs testosterone injections, confirming all the failed repair attempts and had the nerve to say that her only remedy “Was to deal with the extended warranty company.”</p>
<p>“That’s not going to fly,” I replied. “Why didn’t you get on the phone with KitchenAid and insist on getting Sylvia a new refrigerator a year ago?”</p>
<p>Oh, I didn’t have their phone number, and besides, they want us to use email.</p>
<p>“Ever hear of Google? Why didn’t you at least try to get someone on the phone? She has been jerked around for almost two years. Where is your courage? Do you guys care about customers any longer? You need to either replace the fridge or give her a refund.”</p>
<p>Thursday morning &#8211; Sylvia phones:</p>
<p>“They want to come over, remove the KitchenAid and refund all of my money, but I told them this will result in spoiled food. I need a couple of days to get a new fridge.”</p>
<p>“Wow! Great! Tell them to coordinate picking up their fridge with the delivery of your new one. They won’t argue.” She did and they didn’t utter a peep.</p>
<p>Moral to our story</p>
<p>Today’s appliances are often failures waiting to happen. Find out in advanced what your retailer’s exchange/refund policy is on a lemon, and have them write it on your invoice. And get an extended warranty.</p>
<hr />
<p>Dennis Beaver practices law in Bakersfield and enjoys hearing from his readers. <a href="https://dennisbeaver.com/contact/">Contact Dennis Beaver.</a></p>
<p>The post <a href="https://dennisbeaver.com/the-case-of-the-unrepairable-kitchenaid-fridge/">The case of the unrepairable KitchenAid fridge</a> appeared first on <a href="https://dennisbeaver.com">Dennis Beaver</a>.</p>
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		<title>Should you buy Feit LED lighting?</title>
		<link>https://dennisbeaver.com/buy-feit-led-lighting/</link>
		
		<dc:creator><![CDATA[Dennis Beaver]]></dc:creator>
		<pubDate>Sun, 28 Jan 2018 21:25:41 +0000</pubDate>
				<category><![CDATA[consumer]]></category>
		<category><![CDATA[return policy]]></category>
		<category><![CDATA[technology]]></category>
		<guid isPermaLink="false">http://dennisbeaver.com/?p=2832</guid>

					<description><![CDATA[<p>January 26, 2018 • By Dennis Beaver        “Mr. Beaver, for the longest time we wanted to replace all 50 of our light bulbs with LEDs but the retail price of around $12 each was a deal breaker. We have used the little coiled CFLs, which do save energy but are annoying as it takes two [&#8230;]</p>
<p>The post <a href="https://dennisbeaver.com/buy-feit-led-lighting/">Should you buy Feit LED lighting?</a> appeared first on <a href="https://dennisbeaver.com">Dennis Beaver</a>.</p>
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										<content:encoded><![CDATA[<p><img loading="lazy" decoding="async" class="alignright wp-image-27" style="margin-left: 8px; border: 1px solid black;" src="https://dennisbeaver.com/wp-content/uploads/2013/01/DennisBeaver-193x300.jpg" alt="DennisBeaver" width="193" height="300" srcset="https://dennisbeaver.com/wp-content/uploads/2013/01/DennisBeaver-193x300.jpg 193w, https://dennisbeaver.com/wp-content/uploads/2013/01/DennisBeaver.jpg 300w" sizes="(max-width: 193px) 100vw, 193px" />January 26, 2018 • By Dennis Beaver       </p>
<p>“Mr. Beaver, for the longest time we wanted to replace all 50 of our light bulbs with LEDs but the retail price of around $12 each was a deal breaker. We have used the little coiled CFLs, which do save energy but are annoying as it takes two minutes or so to reach full brightness.</p>
<p>“Another reason we wanted an all LED home was due to our age. Climbing up a ladder to change a lightbulb is not a good idea for anyone over 80, and we are that and some. As LEDs claim a life of 15,000 hours, we calculated never having to replace a bulb again and reduce our energy expense for lighting by well over half.</p>
<p>“Then, a few months ago while at Costco, I couldn’t believe my eyes, finding 60 and 100-watt equivalent led bulbs for about $4 each, manufactured by Feit Electric, stating 15,000 hours of life on the box and Costco’s website. They came in Soft White, Daylight and Bright White, just what we needed, and so into the trash went lightbulbs and CFLs, never to be seen again. What a mistake that was!</p>
<p>“Right out of the box, several of these Feit LEDs were dead. Many began to flicker and then die. Right now the three in our bedroom ceiling fixture are still working, but I am getting scared. We should never have throw away all the CFLs or lightbulbs!</p>
<p>Is my situation unique? Do you think I have a problem with the electricity in our house? Have you ever heard of anything similar? Thanks, Benny and Geraldine, Visalia, California.</p>
<p>Illuminating research on failing Feit Leds</p>
<p>Our readers&#8217; disappointment with these Feit LEDs isn’t unique. And they do not have to be concerned about a problem with their homes electrical wiring. Over the past several months, we have heard from a number of readers with similar experiences, and there is even a website dedicated to failing Costco Feit led-bulbs.</p>
<p>So upset with his “Lasts 22.8 years but failed after 4 months,” Utah electrician Jeff Weissman has a hysterical online video. We spoke with him, finding someone who believes in the benefits of LED lighting, “If you get a good product,” he was quick to point out.</p>
<p>“If the package claims the LED will last for thousands of hours, what would cause not only Feit’s but anyone’s LED bulbs to fail so soon as yours did?” he asked.</p>
<p>“It’s not the LED which fails,” he replied. “It is important to understand that LED lighting generates a great deal of heat and the support electronics &#8211; which are known as drivers &#8211; are extremely heat sensitive. If this heat is not dissipated, the electronics will fail. This is why some led bulbs state on the package they are not to be used in an enclosed fixture.”<br />
But the readers who contacted You and the Law reported installing their Feit led bulbs purchased from Costco in regular, non-enclosed fixtures, some lasting only days. Their comments were consistent with strikingly negative reviews on Costco’s own website. While there are many positive comments on both the Costco and Amazon sites, those which are negative merit serious consideration in our opinion.</p>
<p>What does Costco say about this?</p>
<p>We emailed Costco’s Corporate Communications department, asking to discuss these very issues. We also left a voice mail for their lighting department buyer. And their response? “Good Morning Dennis, unfortunately, we are not able to respond to your inquiry at this time. Please do not attribute my name to the information in this e-mail.”</p>
<p>What does Feit Electric say?</p>
<p>Feit Electric is no Costco. The owner, Aaron Feit, immediately responded to our email, clearly stating his position on the questions raised concerning the apparent high failure rate of his LED products as seen in many reviews:</p>
<p>“No Feit Electric light bulbs being sold at Costco or any other retailer are experiencing a ‘high failure rate.’ Given that, in a year, we sell over one million light bulbs of a model, the total number of alleged failures you point to is most certainly not a “high failure rate.”</p>
<p>“I am surprised that you have not found anecdotal complaints about other companies LED products, but I do not know how thorough or extensive your search was. We are aware of other LED companies experiencing negative reviews but we choose to not criticize our competitors.”</p>
<p>Should you buy Feit LED lighting?</p>
<p>Given the inexpensive cost of Feit LEDs compared to the competition, they are probably still a good choice even if some do fail prematurely, as Feit has a 5-year warranty which they honor, promptly.</p>
<p>Would we buy them? Yes, we already have.</p>
<hr />
<p>Dennis Beaver practices law in Bakersfield and enjoys hearing from his readers. <a href="https://dennisbeaver.com/contact/">Contact Dennis Beaver.</a></p>
<p>The post <a href="https://dennisbeaver.com/buy-feit-led-lighting/">Should you buy Feit LED lighting?</a> appeared first on <a href="https://dennisbeaver.com">Dennis Beaver</a>.</p>
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		<title>Misleading restaurant menu descriptions</title>
		<link>https://dennisbeaver.com/misleading-restaurant-menu-descriptions/</link>
		
		<dc:creator><![CDATA[Dennis Beaver]]></dc:creator>
		<pubDate>Mon, 22 May 2017 17:06:33 +0000</pubDate>
				<category><![CDATA[consumer]]></category>
		<category><![CDATA[restaurant]]></category>
		<category><![CDATA[return policy]]></category>
		<guid isPermaLink="false">http://dennisbeaver.com/?p=2651</guid>

					<description><![CDATA[<p>May 19, 2017 • By Dennis Beaver What are your rights – and what should you do – when a restaurant’s description of a certain dish leaves out important information, or, what they bring to your table in no way comes close to what most people expect? While visiting San Francisco, Randy and his wife stopped [&#8230;]</p>
<p>The post <a href="https://dennisbeaver.com/misleading-restaurant-menu-descriptions/">Misleading restaurant menu descriptions</a> appeared first on <a href="https://dennisbeaver.com">Dennis Beaver</a>.</p>
]]></description>
										<content:encoded><![CDATA[<p><img loading="lazy" decoding="async" class="alignright wp-image-27" style="margin-left: 8px; border: 1px solid black;" src="https://dennisbeaver.com/wp-content/uploads/2013/01/DennisBeaver-193x300.jpg" alt="DennisBeaver" width="193" height="300" srcset="https://dennisbeaver.com/wp-content/uploads/2013/01/DennisBeaver-193x300.jpg 193w, https://dennisbeaver.com/wp-content/uploads/2013/01/DennisBeaver.jpg 300w" sizes="(max-width: 193px) 100vw, 193px" />May 19, 2017 • By Dennis Beaver</p>
<p>What are your rights – and what should you do – when a restaurant’s description of a certain dish leaves out important information, or, what they bring to your table in no way comes close to what most people expect?</p>
<p>While visiting San Francisco, Randy and his wife stopped for lunch at an “Organic Restaurant which had a number of raw food items on the menu in addition to steaks, fish and chips, etc.”</p>
<p>“Their T-Steak Burger was described as a meat-lover’s favorite with both organic beef and Swiss cheese, but no explanation for the ‘T’ was supplied. When ordering I failed to ask what the “T” stood for,” our reader explained.</p>
<p>That was his first mistake, as Randy would soon find out.</p>
<p>“After bringing our orders to the table, the waiter offered me a bib, stating, “Your burger is very juicy.” He also recommended using a fork and knife, but I declined both.”</p>
<p>That was his second mistake.</p>
<p>“My first–and last bite–squirted raw beef, egg yolk, and who knows what else all over me! The ‘T’ stood for Tartare! It was steak tartare, raw hamburger meat! I ran to the men’s room to spit it out.”</p>
<p>Asking why the menu didn’t reveal that fact, and, if he could please order something else, the waiter replied, “Darling, everyone knows what the letter ‘T’ and ‘Steak’ mean, and, you can order something else but still have to pay for the T-Burger.”</p>
<p>“We paid with a credit card. Could I successfully dispute that part of the bill?” our reader asked.</p>
<p>How do you like your Gerber’s?</p>
<p>Years ago, something similar happened to my wife and I – in a San Francisco restaurant – when I ordered “Vegetable Soup,” picturing nice chunks of carrots, celery, peas and a few other things in a light broth.</p>
<p>When brought to our table, the stuff looked like green applesauce, really, just like dark-green applesauce! I politely said, “What is this? I ordered vegetable soup.”</p>
<p>The waiter put his hands on his hips, cocked his head back and replied, “It’s pureed.”</p>
<p>This stuff would pass for Gerber’s Baby Food and I tried to eat it, but it was awful. My wife was enjoying her chicken dish, trying not to laugh too loudly. (When we go out, if something goes wrong, it always happens to me.)</p>
<p>After attempting to eat this hideous pureed green goo, I asked the waiter if he would bring me something fit for human consumption. “Well, if you insist, we will, but I have to charge you for the soup, dear,” he replied.</p>
<p>Of course there are legal implications to this craziness. The menu should have stated, “Pureed Vegetable Soup,” so leaving the customer in the dark is misleading. Unless it was eaten, charging for the green slop would be improper.</p>
<p>A law professor gives his opinion</p>
<p>“Looking at this from strictly a contract law perspective,” Loyola Law School (Los Angeles) Contracts Professor Bryan Hull commented, “If the only descriptions on the menu were ‘T-Steak Burger’ and ‘Vegetable Soup,’ there would be an issue as to what a reasonable consumer would expect.</p>
<p>“To me, chunks of vegetables and cooked meat – certainly not raw &#8211; unless stated in the menu. In cases like this, sellers of food and beverage have been sued for breach of warranty and false advertising. If the soup were consumed, then of course the diner would have to pay for it. Most restaurants would just take it back and not charge if the customer tasted it and then said he didn&#8217;t like it.</p>
<p>“Unless the bill is over $50, cardholders do not have a statutory right to contest the charge. However, a card issuer might have a policy allowing the bill to be disputed, and so a phone call to find out would be appropriate.</p>
<p>“At the end of the day, probably the easiest and most tempting thing to do would be to write a bad Yelp review of the establishment. That said, there is always a risk of being sued by the restaurant for defamation. While truth is a defense, there are some battles which are best to avoid,” Hull cautions, and we agree.</p>
<p>Don’t get mad &#8211; get even</p>
<p>Informed they would not take the charge off our bill, I got an idea and went to the bank next door, obtaining four dollars worth of pennies.<br />
Upon returning, I asked for the check.</p>
<p>Our tip was left in the form of pennies in a nice big circle on the table.</p>
<p>When the waiter returned, he asked, “What’s this?”</p>
<p>My answer: “Your tip &#8211; It’s pureed.”</p>
<p>Since I can’t be a lawyer 24 hours a day, I followed my wife’s advice. “Don’t get mad&#8230;get even!”</p>
<hr />
<p>Dennis Beaver practices law in Bakersfield and enjoys hearing from his readers. <a href="https://dennisbeaver.com/contact/">Contact Dennis Beaver.</a></p>
<p>The post <a href="https://dennisbeaver.com/misleading-restaurant-menu-descriptions/">Misleading restaurant menu descriptions</a> appeared first on <a href="https://dennisbeaver.com">Dennis Beaver</a>.</p>
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		<title>Target’s problem with returns could end up targeting you</title>
		<link>https://dennisbeaver.com/targets-problem-returns-end-targeting/</link>
		
		<dc:creator><![CDATA[Dennis Beaver]]></dc:creator>
		<pubDate>Thu, 15 Sep 2016 16:09:47 +0000</pubDate>
				<category><![CDATA[return policy]]></category>
		<category><![CDATA[technology]]></category>
		<category><![CDATA[retail]]></category>
		<guid isPermaLink="false">http://dennisbeaver.com/?p=1620</guid>

					<description><![CDATA[<p>September 15, 2016 • By Dennis Beaver On Sunday, Aug. 21 at 10 a.m., readers Laura Salinas and her fiancee Jeff Guardiola purchased a 15.6 inch, Windows 10, Acer Aspire E15 laptop computer from the East Hills Target store in Bakersfield. They drove home, plugged it in to charge the battery, and then at around 3 [&#8230;]</p>
<p>The post <a href="https://dennisbeaver.com/targets-problem-returns-end-targeting/">Target’s problem with returns could end up targeting you</a> appeared first on <a href="https://dennisbeaver.com">Dennis Beaver</a>.</p>
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										<content:encoded><![CDATA[<p><img loading="lazy" decoding="async" class="alignright wp-image-27" style="margin-left: 8px; border: 1px solid black;" src="https://dennisbeaver.com/wp-content/uploads/2013/01/DennisBeaver-193x300.jpg" alt="DennisBeaver" width="193" height="300" srcset="https://dennisbeaver.com/wp-content/uploads/2013/01/DennisBeaver-193x300.jpg 193w, https://dennisbeaver.com/wp-content/uploads/2013/01/DennisBeaver.jpg 300w" sizes="(max-width: 193px) 100vw, 193px" />September 15, 2016 • By Dennis Beaver</p>
<p>On Sunday, Aug. 21 at 10 a.m., readers Laura Salinas and her fiancee Jeff Guardiola purchased a 15.6 inch, Windows 10, Acer Aspire E15 laptop computer from the East Hills Target store in Bakersfield. They drove home, plugged it in to charge the battery, and then at around 3 p.m., turned it on.</p>
<p>At that moment, their nightmare began, when “Augustin, Jr.” appeared on the log-in screen, requesting a password.</p>
<p>“Who is Augustin, Jr. and how could his name be on my new computer?” Laura wondered. She would soon discover that the screen was a 13 inch, not 15.6, and was running Windows 8, and much more.</p>
<p>“The serial number on the computer did not match the number on the box which was taped to appear new and unopened. But to top it off, it wasn’t an Acer! It was an Asus! How this used computer got in the Acer box was a mystery, so we returned at 4 o’clock for an exchange, which we thought would be simple and only take a few minutes,” she explained.</p>
<p>It would prove to anything but simple.</p>
<p>The couple walked directly to the electronics department, explained to a clerk that a different computer was in the box than what should have been, and asked that it be exchanged.</p>
<p>“Almost immediately, both the electronics department manager and a loss prevention employee appeared, refused to examine the computer, and within a few minutes, their smiles and helpful attitude were replaced by glacial stares,” she explained.</p>
<p>Had the Acer been purchased someone who put an old, used computer in the box, and, then, not checked by Customer Service during the exchange, the box winds up back on the sales floor and our readers buy it? Or, was the couple trying to rip off Target?</p>
<p>“Retailers such as Target keep a history of items that have a serial number in their inventory control system. Type in or scan the numbers, and you will know if had been sold and returned, of if this is the first sale,” Southern Florida-based private investigator Peter Crosa told You and the Law, adding, “An accurate history is important for such things as product recalls and should be available at the floor level to store employees.”<br />
 We asked Laura if the Target employees ran the serial number when they returned.</p>
<p>“They did, and the serial number on the box came back as never having been sold before! They didn’t just refuse to believe us, but would not provide the telephone number to a manager, treated us like thieves, and finally ordered us leave the store. I was in tears!” Laura —8½ months pregnant — explained.</p>
<p>On Monday, Aug. 22, Laura contacts You and the Law, we call the Target store, and speak with a manager whose tone of voice says, “You are trying to help crooks get away with stealing from us.” Next call — to company headquarters in Minneapolis, Minnesota and Senior Public Relations Associate, Megan Boyd — who promises to “look into this and get right back to us.”</p>
<p>We never did hear from Megan, but Laura receives a voice mail from Gabriel at the Target store. “You may exchange the computer.”</p>
<p>Next, with Laura on the line, we speak with Gabriel. “So, why are you now agreeing to exchange the computer?” His answer reveals a huge, system-wide problem at Target which puts their customers at risk of being falsely accused of theft.</p>
<p>“After your call to Public Relations, corporate ran the serial number on a different data base and found that the computer had in fact been sold and returned by someone else. But when we entered the same numbers into our system, the information showed that it had never been sold before, so it appeared they were trying to defraud Target.”</p>
<p>To private investigator Crosa, based on that information, “Conclusions and the actions of the store personal were understandable.”</p>
<p>On Wednesday, Aug. 24 at 2:33 p.m. we emailed Target Public Relations the following:<br />
 By depriving your employees the ability of accurately searching a product’s sale/return history, two innocent people found themselves treated as criminals. Why does Target not provide its employees full access to the sale/return history of items with serial numbers, such as computers, to prevent situations like this from occurring?</p>
<p>What steps, if any, are you taking company-wide to enable a proper serial number search to be conducted?<br />
 We are still waiting for Target to reply. Laura and Jeff are owed an apology. Perhaps when CEO Brian Cornell sees this story he might just give them both a call.</p>
<hr />
<p>Dennis Beaver practices law in Bakersfield and enjoys hearing from his readers. <a href="https://dennisbeaver.com/contact/">Contact Dennis Beaver.</a></p>
<p>The post <a href="https://dennisbeaver.com/targets-problem-returns-end-targeting/">Target’s problem with returns could end up targeting you</a> appeared first on <a href="https://dennisbeaver.com">Dennis Beaver</a>.</p>
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