Retail disputes

US retail law works differently from most people’s assumption, and differently from Australia’s. There is no federal statute guaranteeing that goods are of acceptable quality. What there is, in every state, is the implied warranty of merchantability: an automatic, unwritten promise that goods sold by a merchant are fit for the ordinary purpose goods of that kind are used for. Nobody has to say it or write it — it attaches by law. It is the claim most people never know they have.

On top of that, a seller’s description, a specific factual promise, or a demo model you were shown creates an express warranty. And where a written warranty was given, the Magnuson-Moss Warranty Act prevents the implied warranties being disclaimed for its duration and lets a consumer who prevails recover attorney fees — which is what makes an otherwise small claim economically worth pursuing.

Be realistic about the remedy. Unlike Australia, you generally do not get to simply choose a refund: the seller is usually entitled to try a repair first. What they are not entitled to is unlimited attempts. Once a reasonable number have failed and the fault persists, the remedy has failed its essential purpose, and a refund or replacement comes back into play. Keep a dated log of every attempt, because the count is the whole argument.

Watch for the "as is" disclaimer, which is how sellers cut off implied warranties. It generally has to be conspicuous and made at the time of sale, it cannot be used at all where a written warranty was given, and a minority of states prohibit it in consumer sales entirely. Changing your mind is a different matter — no US law gives you that right, though several states, including California, New York and Florida, require a retailer to conspicuously post its refund policy and give you a right to return if it did not.

Escalate to your state attorney general’s consumer protection office, which enforces your state’s unfair and deceptive practices statute — many of which carry multiple damages and attorney fees. Report to the FTC as well, and if you paid by card, open a dispute with your issuer in parallel: it runs on its own timetable and does not need the seller to cooperate.