Consumer Law: Gift Card (Store Policy)

[roberthall]

I recently purchased (for a relative for Christmas) a gift card from a local gun store/shooting range, yet discovered my relative was anti-gun.

I tried calling the store, spoke to the store owner, yet was flat out denied a refund due to "store policy". When purchasing the gift card, I was not informed of this store policy, yet the owner still stated that absolutely no refunds will be given.

This has to be a violation of some consumer/civil rights, and I would greatly appreciate help/advice, and any particular legal references as well. I would like to be able to call back with specific legal violations if possible.

Thank you in advance for your help.

 

[Mass_Shyster]

I recently purchased (for a relative for Christmas) a gift card from a local gun store/shooting range, yet discovered my relative was anti-gun.

I tried calling the store, spoke to the store owner, yet was flat out denied a refund due to "store policy". When purchasing the gift card, I was not informed of this store policy, yet the owner still stated that absolutely no refunds will be given.

This has to be a violation of some consumer/civil rights, and I would greatly appreciate help/advice, and any particular legal references as well. I would like to be able to call back with specific legal violations if possible.

Thank you in advance for your help.

Absolutely, Massachusetts General Laws, Chapter 93A state that the refund policy must be clearly posted.

Send a 93A demand letter, and if he doesn't comply with the law, you get treble damages.

 

[roberthall]

Absolutely, Massachusetts General Laws, Chapter 93A state that the refund policy must be clearly posted.

Send a 93A demand letter, and if he doesn't comply with the law, you get treble damages.

It was purchased in Kentucky, not Massachusetts.

When I was on the phone with him, I said I was never told that the store policy was I could not receive a refund. He kinda said "oh well" and sort of mumbled that it was posted on the store.

I don't want to cause this guy trouble, I just want the refund. It's a wasted gift certificated. All he could recommend was give it to someone else or sell it to someone else.

Please advise!

 

[Mass_Shyster]

It was purchased in Kentucky, not Massachusetts.

Maybe someone can set up this forum so it asks that question every time someone posts.

(hint: It does, and you deleted the question)

 

[roberthall]

Maybe someone can set up this forum so it asks that question every time someone posts.

(hint: It does, and you deleted the question)

I'm sorry Stevef, I'm not following you...? You said MA laws, so I wanted to let you know it wasn't MA, it was KY...

 

[Zigner]

Absolutely, Massachusetts General Laws, Chapter 93A state that the refund policy must be clearly posted.

Send a 93A demand letter, and if he doesn't comply with the law, you get treble damages.

I know that the OP isn't in MA, but I wanted to address this. In MA, a "gift card" wouldn't have to have a refund policy, as no "consumer good" has been purchased.

 

[Mass_Shyster]

I know that the OP isn't in MA, but I wanted to address this. In MA, a "gift card" wouldn't have to have a refund policy, as no "consumer good" has been purchased.

Picky, picky, picky...

 

[FlyingRon]

He's trying to tell you that you should not have deleted the question "What is the name of your state?" that the forum software inserts in all new threads. It is obligatory that you provide your state name in the first message in the thread so we don't have to guess and/or provide incorrect information.

Unfortunately for you, nothing like 93A exists in Kentucky. Refund policy is only statutorily required in a few special cases (of which gift cards are not one).

 

[roberthall]

I know that the OP isn't in MA, but I wanted to address this. In MA, a "gift card" wouldn't have to have a refund policy, as no "consumer good" has been purchased.

Okay, so then in Kentucky (I assume there's a difference between MA laws and KY laws?), where this was purchased, what should I do?

The store owner continually said he can provide store credit...but basically that's what a gift card is...

I have no desire for store credit in this store (shooting range), and will never use the gift card. The relative I bought it for is anti-gun, therefore it is against his morals to use it.

So, if I were to call the store back and speak to the owner, what is the best way of going about it?

Or am I stuck with this gift card?

 

[swalsh411]

Your hoplophobic relative could probably still find something useful at the store. Many gun stores sell at least some outdoor / camping gear like a warm pair of gloves or a hat. Gun cleaning kits can be used to clean things other than guns. You can use solvent to clean oily gunk off lawnmowers. There has got to be something in there they want. Or he could regift it to somebody who would want to use it.

 

[roberthall]

Your hoplophobic relative could probably still find something useful at the store. Many gun stores sell at least some outdoor / camping gear like a warm pair of gloves or a hat. Gun cleaning kits can be used to clean things other than guns. You can use solvent to clean oily gunk off lawnmowers. There has got to be something in there they want. Or he could regift it to somebody who would want to use it.

Hoplophobic is the fear of guns, not necessarily anti-gun. I said against morals, not that the relative was afraid.

I realize that what you wrote is a way of making the best out of a bad situation...

On the other hand, I'm posting here to find a way to have a legal argument to get my gift card refunded...not to find a means of coping.

Any other legal advice would be greatly appreciated.

 

[xylene]

You could easily (and legally) sell this gift certificate online

 

[roberthall]

You could easily (and legally) sell this gift certificate online

Since it's for a small, local store (no chain etc.), where would you recommend doing that where it would actually get attention/sell!?

 

[Zigner]

Since it's for a small, local store (no chain etc.), where would you recommend doing that where it would actually get attention/sell!?

Ask the owner of the store to post a flyer

 

[xylene]

Since it's for a small, local store (no chain etc.), where would you recommend doing that where it would actually get attention/sell!?

Ebay, while national features many local specific offers.

Other excellent option would be Craigslist, which is free, widely read and very easy to use, not even requiring an account.