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Can I sue a retail store (authorized dealer of AT&T) for selling me a refurbished phone without my knowledge?

Los Angeles, CA |
Filed under: Consumer protection

I bought a I-phone last year that became defected and since the warranty has not expired, I tried to have it replace or fix with APPLE. But to my surprise, they wouldn't replace it because apple store said that 3 people had own my phone previously. I was surprised when they told me this. So I went back to the store where I bought the phone and she said that she had no idea that it was refurbished. She said she would try to speak to the vendor to see if it can be replaced. It has been 4 weeks now and no replacement. I email her every week at least once a week for status. I feel that I am getting the run around. Can I sue the company and for what?

Attorney Answers 3


  1. This isn't worth suing over. I'd try to contact the store manager for a refund an/or dispute the charge with your credit card company.


  2. Sorry to hear about your situation. I agree with my colleague--the real issue is not whether you CAN sue but whether it is financially prudent or wise to sue. As my colleague suggested, try to get a refund or dispute the charges with your credit card (or debit card with a Visa or MC logo) company. Good luck.

    Answer given for general advice and is not a legal opinion, which would require an analysis of the facts and circumstances as well as the applicable law and regulations.


  3. You can sue in small claims court, but you need to evaluate if it is worth the time and trouble. If you know a lawyer, have them send a certified demand letter indicating what you demand to remedy the situation. If that fails, you could sue. Is it too late to do a chargeback on your credit card (if you paid via credit card?)