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Let's all play: LEGAL or ILLEGAL?

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Tonight's catogory: Califonia retail consumer laws.

Question: I just found out that Office Depot has an internal policy of refusing refunds for returns of purchases with personal checks for at least 10 business days. There is no mention of this anywhere on the receipt, anywhere in the store in form of signs, nor was it verbally informed to me during the sale. Infact, the manager informed me that the infomation is not available to the public in written form anywhere (including the website).

LEGAL or ILLEGAL?
 
cubanb said:
well id assume they need to wait for the check to clear.... Id say legal

The check already cleared, but that's besides the point. It's about a special clause to a return policy that's not publically announced.
 

Blackace

if you see me in a fight with a bear, don't help me fool, help the bear!
It is legal in order for checks to clear. They don't have to have it written nor do they have to tell you at the point of sale. That is pretty well standard for any company that expects checks and does returns. Why would this be illegal at all? You can still return your item, the company is protected, as well as you to some degree if some clown was writting checks all over town he could use stores like this to cash the checks....
 

tralfazz

Member
If you ask around I bet most stores are the same. I don't think your rights have been violated. The reason the stores do it is because of what the previous poster said. People could be writing bad checks and get refunds before the check clears. Stores are just covering their asses. Do you really fell that wronged or is there more to the story?
 

Phoenix

Member
Legal. They have to be permitted to give those checks a chance to clear before they issue a refund. Checks are actually fairly easy to fake EVEN WITH THE AUTOMATED SYSTEMS. Since checks don't clear right away and may take several days to clear, issuing a refund on a written check is just a bad idea. Same goes for receiving a check, money order, or even certified check. Just because your bank clears it does not mean that it will 'fund'.

So yes it is legal (and I'm sure they will win any suit brought against them on that), and prudent.
 
IIRC, Best Buy and Frys don't have this 10 business days business. I remember returning things to Best Buy a few days after purchase and getting cash back.

Also, it does not take a local check anywhere near 10 business days to clear. It's usually 3 business days of less. I could see the reasoning if this was a case of out of state check.

Anyways, red flag flew up in my head when I calculated that the 10 business days is aweful close to 14 day return policy they have for what I bought (iPod). Infact, it gives me literally only 1 day window to return the thing (next friday). Sounds a little suspicous, no?

I'd be happy if they had this policy for anyone to view at their convinience. Even a blurb at the web site would have sufficed. But this is rediculous! The manager literally had to download some crap from their closed server to print me out the blurb (took about 20 minutes). I think they need a big sign telling the consumer about this policy, like Best Buy.
 

Phoenix

Member
Just use a check card for goodness sakes, and a check "clearing" is not the same as a check "funding". A check can clear yet you find a nasty withdrawl from your bank account a month later because the check never funded. Most stores that I know of will at best give you a refund of a check payment AS a payment by corporate check.
 

Blackace

if you see me in a fight with a bear, don't help me fool, help the bear!
Cerebral Palsy said:
People still use checks? A lot of places around here won't even take them anymore.

It is true, in Seattle about 70% of the stores did away with taking checks because of fraud and people complain that they couldn't return items until the check cleared (not joking).

Also, why would Office Depot cheat 3-9% of their customer base (don't know the exact number of people who use checks company wide, but I am sure it is not too high)? Also they used to have a 30day return policy when they opened and changed when everyone else stopped taking back opened items
 
Blackace said:
It is true, in Seattle about 70% of the stores did away with taking checks because of fraud and people complain that they couldn't return items until the check cleared (not joking).

Wow... That's sad. And I used to live in Seattle!

Also, why would Office Depot cheat 3-9% of their customer base (don't know the exact number of people who use checks company wide, but I am sure it is not too high)? Also they used to have a 30day return policy when they opened and changed when everyone else stopped taking back opened items

Well that's why I think the policy is whacked. It should be revised for sure one way or another not to conflict with the return policy. 1 day return window is rediculous.



Phoenix said:
Just use a check card for goodness sakes, and a check "clearing" is not the same as a check "funding". A check can clear yet you find a nasty withdrawl from your bank account a month later because the check never funded.

As far as my bank was concerned, the money was in their hands now.

Most stores that I know of will at best give you a refund of a check payment AS a payment by corporate check.

I would have taken that as well, since really, all I wanted was to avoid a return trip. But no one, including the general manager of the store is "authorized" to issue a check to me. Good grief....
 

Blackace

if you see me in a fight with a bear, don't help me fool, help the bear!
Don't get me wrong, it is lame that you have to return and all that stuff. But I don't think they are trying to stiff you. Really it is in most peoples' best intrest (their's first of course).

Like I said before, if someone got a hold of your checkbook and ran around buying and returning crap for cash. The 10 day window gives you a little protection as well
 
Please keep in mind that I not accusing them of trying to steal my doe. I just think one of their policy isn't all that kosher, maybe even legally.

BTW, if you lose your checkbook and don't do a thing for 3 days, then you deserve to lose your money.
 

SKluck

Banned
OfficeMax has the same exact check policy.

I thought things would change because of the whole new law (Is it MI only? I dunno) about how banks legally must take copies of checks for cashing (instead of mailing checks to original banks), supposed to speed up check clearing to like 1 or 2 days.

That went into effect last fall, still the same 10 day (7 business days) policy. It's kind of funny, because some stuff cannot be returned past 14 days. So people have to return certain items ONLY between 10 and 14 days if they paid by check.

Checks are for pussies anyways though.
 

Blackace

if you see me in a fight with a bear, don't help me fool, help the bear!
Shogmaster said:
Please keep in mind that I not accusing them of trying to steal my doe. I just think one of their policy isn't all that kosher, maybe even legally.

BTW, if you lose your checkbook and don't do a thing for 3 days, then you deserve to lose your money.

Yeah, but there are times when kids take parents' checkbook and so on. also, if a person goes on that spree on day one then the ten day grace period still protects you
 

goodcow

Member
You're an ass for using a check.

Either get a check card, or even better, get a credit card with reward benefits and charge everything. (but pay it off in full every month)
 
NOW I'M THE BAD GUY! *cries*

Yeah man. I used a check this time because it was convinient for the circumstance, but no fucking more.
 
Here's a handy piece of advice from an occupant of retail hell: just because a store's policy irritates you, that doesn't make it illegal. I wouldn't have to work if I had a dollar for every customer who calls forth their vast amounts of legal knowledge and claims a certain policy is against the law. Thank you, Shogmaster, for at least having the common sense to ask.
 
Nintendo Ate My Children said:
Here's a handy piece of advice from an occupant of retail hell: just because a store's policy irritates you, that doesn't make it illegal. I wouldn't have to work if I had a dollar for every customer who calls forth their vast amounts of legal knowledge and claims a certain policy is against the law. Thank you, Shogmaster, for at least having the common sense to ask.


It's not like I would have sued! :lol

I don't think I was ever involved in a law suit in my life. *knock on wood* The lawsuit business feels icky to me. If their policy went against the law, I'd have reported them to BBB and called it a day.
 

Triumph

Banned
I wonder if the klonopin I just took an hour ago is legal. I mean, i totally have no prescription for it, but damn it's fun to float around an hour or so before you pass out. I wouldn't take them if I didn't have to work in the morning.
 

ChrisReid

Member
Shogmaster said:
I'd be happy if they had this policy for anyone to view at their convinience. Even a blurb at the web site would have sufficed. But this is rediculous!

So it's ridiculous that they had to tell you this policy, but it would have been all okay if there was some fine print on a web site somewhere? If it was on some web site, it would not have been available for you to base your paying decision on. Where's the sense in this? What makes a policy okay just because it's written in some random somewhere? I really think it's absurd that people get all huffy about a store's policy and demand to see where it's written. If I'm buying something of any value or something that can be broken, I figure out that store's policies before I make the purchase. I'm in the ultraminority, of course.
I've seen hundreds of people come in, demand some ridiculous return/exchange/privilege, and demand to see where it's written when it gets refused. 90% of the time it is written somewhere, but it's not like the masses of people read any store signage at all when they made their purchase to begin with. If they're the 10% who don't find their claim on the sign, how does that change anything? They still weren't interested in the store policy when they were there buying their thing initially, so they wouldn't have known the policy even if it was written. Every single chain store has binders of rules and regulations that their staff follows. These binders aren't available on the counter for people to peruse, they're distilled down to half a dozen bullet-points that still get ignored constantly. Surprisingly enough, those bullet points won't summarize the entire store set of rules and regulations.

Shogmaster said:
I'd have reported them to BBB and called it a day.

The BBB is a joke. They don't care if you "report" them and nobody else will either. The BBB isn't some government oversight authority. It's just a club for small business owners to win points in and attempt to project their trustworthiness with.
 

White Man

Member
Raoul Duke said:
I wonder if the klonopin I just took an hour ago is legal. I mean, i totally have no prescription for it, but damn it's fun to float around an hour or so before you pass out. I wouldn't take them if I didn't have to work in the morning.

As a good socialist, I am obligated to share my prescription with you, comrade.
 

sc0la

Unconfirmed Member
I think the real question of the thread is:

Shogmaster bought an apple product; LEGAL or ILLEGAL?



of course he is returning it ;)
 

Lhadatt

Member
Shogmaster said:
Anyways, red flag flew up in my head when I calculated that the 10 business days is aweful close to 14 day return policy they have for what I bought (iPod).

Wait, wait...

YOU bought an Apple product?







I find that rather amusing.
 

Lhadatt

Member
Foruming at 2:44 AM means not seeing scola's post.

And once again, I curse this forum's lack of an edit feature.
 
I wonder how many folks haven't read yet about my secret iPod accesory project I've been working on for the last 2 months? We still need to buy few iPods, but we are going to make the mockups around iPod shuffles instead.
 

mrklaw

MrArseFace
It would be better if they extended the returns period by the same amount, so your effective return period is still 14 days.

I guess you could leave the product at the store and return after the 10 days to get your money?
 
mrklaw said:
It would be better if they extended the returns period by the same amount, so your effective return period is still 14 days.

Sounds reasonable.

I guess you could leave the product at the store and return after the 10 days to get your money?

Eh.... How bout no. :lol
 

gblues

Banned
Check clearing is a 2-step process. The electronic system uses the routing number and account number to draft funds from your account. You see this on your online bank statement. Then the check is physically sent to the bank to make sure it's legit. It is still possible for the EFT to be reversed! This would be the case in the "check spree" scenario above.

Nathan
 

Ghost

Chili Con Carnage!
yeah, cheques are a bitch.


Damn Americans, teaching a generation of British kids the wrong way to spell cheque

/me shakes fist
 

Phoenix

Member
ChrisReid said:
The BBB is a joke. They don't care if you "report" them and nobody else will either. The BBB isn't some government oversight authority. It's just a club for small business owners to win points in and attempt to project their trustworthiness with.


WINNER! I keep telling people that the BBB is a complete waste of time. At best they will get enough complaints to have someone ELSE do an investigation.
 
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