Wal-Mart return policy lawsuit

On May 21, 8:24 am, john.ex...@gmail.com wrote:

> all I want
> from them is to accept an item back. I've gone just a few days past
> the return period and the item is in an otherwise perfect condition,
> no defects, no wear & tear, good as new.

No one else seems to have picked up yet on your language here, which got my attention as being different from saying it IS new, still in the shrinkwrap or unopened box with all labels and tags still on it, or whatever.  

"Perfect condition, no defects, no wear & tear, good as new" is an appropriate description of a USED product.   Did you in fact take this product out of its box, take off its labels or tags, try it out to see if it works or fits?   If it's clothing, did you wear it once and then try to give it back?   If it's something mechanical or electronic or e.g. a CD or CD-ROM or DVD, did you turn it on, make something with it, listen to it or watch it, make your own recording of it?

And how do you know there's nothing wrong with it, "no defects", if you _haven't_ done those things?   Which makes me concerned about your choice of this combination of words, and I conclude it is in fact a USED product.

The store's return policy probably allows you to return something, within a short period, if you have NOT opened or used it, but simply changed your mind.   If you have opened it and found it defective, or not containing the object you ordered and thought you paid for, you can return it after that date; but you can't do so after that date if you simply changed your mind about buying it.  If you just don't want it, try selling it on Ebay or Craigslist or the like; there's lots of stuff on there for sale described as "perfect condition, no defects, no wear & tear, good as new."

> Would that be an acceptable
> practice to bump up the claim amount over the stated $1500 so that
> they would have to hire an attorney? Would that even make sense (if
> legal)?

I agree with other posters who have indicated this path is fraught with danger for you.   You could wind up being sanctioned by the court, required to pay Wal-Mart's attorney fees, maybe even be proscuted for extortion, and have to hire an attorney yourself to get you out of the mess you could create by doing that.   How much did you say this widget cost in the first place?   Is the risk worth it to you?

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