Legal Advice When Approaching Speaker Distributors
Provided by the Scam Shield legal resources
- Approach the distributor representative in a friendly, courteous manner. They are supposed to be there to help their customers. Don't assume that they won't.
- Approach the distributor asking for a refund if you are not happy with the quality of the speakers. Do check the quality of the speakers before you return them.
- Until there is quantifiable and proof as to the value of the speaker and its components, deception based on value cannot be an issue for refunds.
- A legitimate speaker company will have a refund policy. The speaker distributor should be liable for refunds if they want to claim their legitimacy and although they sell their speakers through independent agents. The speaker distributors who deny responsibility for faulty merchandise would be guilty of "Willful Blindness." and can be attached responsibility through "Respondeat Superior."
- Every State has a version of the Home Solicitations Law, which states the buyer's legal right for a refund up to midnight on the 3rd business day. This applies to businesses selling merchandise outside of a permanent place of business.
- Bring a witness.
- Do not mention the words, "scam, fraud, Internet or Scam Shield" because words like that will put anyone on the defensive.
- Do not make any verbal threats or threatening gestures. Be confident, but try to remain calm. Do not physically confront individuals.
- Let the representative at the speaker distributor know why you want a refund and tell them exactly how much their agent sold the speakers to you for and where and when it happened. Tell them only the truth.
- If they ask for a receipt, give it to them if you have one. Make copies of your receipt so you have one for your own records. If you were not given one, just tell them the salesman did not give you one. Based on reports, it seems likely that the speaker salesmen prefer not to give out receipts to deter returns.
- If they give you a refund, and ask you to sign any legal document, you can say you prefer not to sign any binding documents. See if they will let you take a copy for your attorney to review. If they make signing the document a condition of getting a refund, you can always use the defense in the future that you were coerced into signing it or under duress if that were the case.
- If there is any confrontation at the distributor's office or with the speaker salesmen take note of what happens to you. If you are physically pushed, punched, slapped or poked in any way with intent to harm, they are guilty of Criminal Battery. If you are threatened directly with actions that look imminently harmful, that is Criminal Assault. This could include someone chasing you with a baseball bat, taking a swing at you, coming at you with a knife, etc. If someone just threatens you, but can't be proven to have intent to harm, they can be found guilty of Civil Assault. This can include slapping an object from your hand, nudging you, pushing you, blowing smoke in your face, spitting on you, etc. If you have been a victim of Criminal assault or Battery, do call the police to take action.
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