How many times must I try in good faith to obtain a replacemet of an itembefore I can demand a refund or take legal action?

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How many times must I try in good faith to obtain a replacemet of an itembefore I can demand a refund or take legal action?

I purchased a new cell phone but it did not work properly. Neither did the 3 subsequent replacements that they sent me. Then I requested a comparably priced phone of a different brand, but the customer service rep. told me that was not possible. I do not want to buy another phone since I feel I never got what I paid for initially. What are my options?

Asked on March 23, 2011 under General Practice, Tennessee

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

From the way that you have written this question I really think that you have indeed made a good faith effort.  But I am sure that it will take much hounding on your part to have the company budge from what is written in their contract.  What you need to do is to be persistent and make yourself a record of all the calls and problems and ask for names and ID numbers and indicate that this is the x time that you have had to call about the same problem. Do not cal the customer service reps about the problem.  Keep asking for a supervisor every time you call.  Be polite to the reps but indicate that you need a supervisor's help with the problem.  A regular customer service rep has only limited power.  They are merely a pawn in the chess game.  If you believe that there has been a breach of the contract then your option is to sue. Good luck.   


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