Do I have a case

[Th3birdman]

I bought a phone from Sprint sometime in July and returned it within 30 days. As a new customer, I was entitled to (my full amount paid) a refund. I only received partial payment because, according to Sprint, they refunded the bulk of the amount to my credit card. Problem is- I DON'T HAVE A CREDIT CARD. I paid cash.

It gets worse. I've contacted Sprint and it turns out the Sprint merchant/ retailer I purchased it from somehow (I'm not sure what happened to my physical money) used a gift card to make the purchase, and the refund to the "credit card" was in fact refunded to the gift card. Which the sales clerk stated had been destroyed immediately following the purchase.

If I sue, which is looking like my only option, how much do you believe I could sue for, and on what grounds? I live in Los Angeles, California if it helps. Also the money has been in dire need because I've recently run into hard times and have beyond broke-- as in literally having change to my name.What is the name of your state (only U.S. law)?

 

[cyjeff]

You need to talk to the clerk tomorrow. When you do, ask for the cash IMMEDIATELY or you will be calling the police... IMMEDIATELY.

The clerk stole from both you and Sprint. I don't know why Sprint is doing this, but you may need to get the PD involved.

 

[sandyclaus]

I bought a phone from Sprint sometime in July and returned it within 30 days. As a new customer, I was entitled to (my full amount paid) a refund. I only received partial payment because, according to Sprint, they refunded the bulk of the amount to my credit card. Problem is- I DON'T HAVE A CREDIT CARD. I paid cash.

It gets worse. I've contacted Sprint and it turns out the Sprint merchant/ retailer I purchased it from somehow (I'm not sure what happened to my physical money) used a gift card to make the purchase, and the refund to the "credit card" was in fact refunded to the gift card. Which the sales clerk stated had been destroyed immediately following the purchase.

If I sue, which is looking like my only option, how much do you believe I could sue for, and on what grounds? I live in Los Angeles, California if it helps. Also the money has been in dire need because I've recently run into hard times and have beyond broke-- as in literally having change to my name.What is the name of your state (only U.S. law)?

I get the idea that we are not getting the full story here.

Guy buys phone (claiming he paid cash, but where is the receipt?), and returns it within 30 days for a full refund. Sprint claims that the purchase was made with a credit (gift) card and not with cash.

Either that is one crooked clerk, or the guy used his money to buy a stolen gift card, bought the phone with it, returned the phone, and is now trying to get the full value back out of the stolen gift card from Sprint.

Either way, something is way wrong here. And Sprint is NOT to blame.

 

[latigo]

Don’t waste any more time arguing with Sprint. They will continue to ignore you.

But I assure you that the people at Sprint will NOT ignore the California Department of Consumer Affairs!

Call these offices in the morning and they will assist you in filing a consumer complaint. And without charge.

California Department of Consumer Affairs.
Consumer Information Division
1625 North Market Blvd., Suite N 112
Sacramento, CA 95834
(800) 952-5210
___________________

Also, please ignore the ridiculous remark from “sandyclaus” that "Sprint is not to blame".

Along with everything else in the field of law that this charlatan has exposed herself of being totally ignorant and unaware - we can now add respondeat superior!

 

[justalayman]

before going too far, you need to figure out if your dealings are with Sprint or the store. Many Sprint stores are not owned by Sprint. If so, Sprint may not actually be to blame. There is just too much missing to make a definite call as to who is the right party to chase.

From Sprints website:

We are committed to making sure you are satisfied with your purchase. We will gladly accept returns and exchanges on merchandise purchased directly from Sprint. If you're not completely satisfied, simply return your undamaged device and deactivate service within 30 days in accordance with our Sprint Free Guarantee or Sprint 30-day Satisfaction Guarantee. Please note that this policy may not reflect the policies of our authorized 3rd-party dealers or retailers.

and of course the OP has a receipt stating how payment was made to prove he didn't use a gift card.

 

[Th3birdman]

umm

@ Sandy

Of course I have a receipt, and proof of purchased came in the mail. That's how Sprint rolls. And I was honestly unaware Sprint even used gift cards. I mean, honestly they don't make sense- I purchased a Samsung Moment with Google, and net price was around $350, not including the deposit I had to make or applicable taxes. A gift card seems kind of arbitrary in my opinion.

Anyway, when I phoned Sprint about not receiving my refund, we (Sprint representative and myself) 3-wayed the retailer where I bought the phone, and got the actual clerk on the line. He stuttered and stammered and I outright told the Sprint representative the guy is lying about either destroying the gift card or actually using a gift card and not his own personal credit card. (special note- I was told by sprint that they don't ask for names connected to credit cards when I asked what name was attached to the 'credit card' I supposedly purchased the phone with) The clerk told me to come to the store and call him a liar to his face and hung up in our faces. I could not make this up if I tried.

I am just fed up with the situation and want to be taken seriously here on this forum, as I don't have the money for the google search 'legal advice' websites.

 

[Trickster]

By all means you can sue anyone for virtually anything. Figure up what you are owed, get your paperwork in order and go to small claims court and pay the filing fee and file your case. Sprint will have to answer your complaint or stand in default. Usually rules of civil procedure do not apply to these small courts, but certain ones such as subpoena power, etc. apply. Don't be intimidated by the sytem and when the day comes presnt your case which is your side of the story and your evidence. Use a subpoena to get people in court to verify documents and testify if needed. As you said, you cannot afford an attorney and given the amount of money you are better off forcing Sprint to pay legal fees which will be much higher than a couple hundred bucks that you claim is owed to you.

 

[justalayman]

@ Sandy

Of course I have a receipt, and proof of purchased came in the mail.

Your receipt given at the time of purchase is your proof of purchase. What does it say to method of payment?


Is this a Sprint corporate store or an 3rd party retailer?

 

[Th3birdman]

Well in the strictest sense it isn't a Sprint corporate STORE, it's more like a kiosk. It's a small store, but everything in the building is Sprint- the advertisements, the phones, and even the clerks wear Sprint Authorized Retailer black polo shirts.