defective product - no warranty

Kevin M. Veler

Assuming you have been timely in your complaints, you generally would have rights to assert that the product is defective since received in a non-working condition. If it is a reputable vendor, there should be an exchange/replacement policy, but unfortunately in the personal care product area there are a lot of questionable vendors. If you paid by credit card, you may have time to dispute the charge (look at the back of your credit card statement).

Because if was an online product, you may have difficulty bringing legal action for collection but if they are local to you, you may consider a small claims action.

Ronald Lee Burdge

Sure, you can sue them in your local small claims court for a refund of your money. Every state has a Commercial Code law that generally says that a seller has to stand behind their product (it's called "merchantable" and "fitness for use" warranties). Also, the seller can not sell you something and then later say there is no warranty and no refund. And every state also has an unfair and deceptive acts law (called a Udap statute) that makes it illegal for a merchant to do anything that is unfair or deceptive and many state courts have said that selling a defective product or not living up to a warranty is a violation of their law. That's important because many of those Udap laws say that you have a right to recover 2 or 3 times your money loss plus court costs and attorney fees. You may even be able to get a court order that bars the company from selling any more products in your state until they pay up. It's still very true that "the squeeky wheel gets the grease" so the more you complain and the more adamant you are about getting your money back, the more likely it is that sooner or later it will happen. The trick is sticking to it and not giving up. Complain to your state's Attorney General too because they enforce the Udap laws and can also go after bad sellers who don't live up to their warranties. Finally, track down where the company is located and complain to their (not your) local Better Business Bureau. That last step may not get your money back, but it might help other consumers from being victimized.

Daniel Goldsmith Ruggiero

Absolutely! Nothing can be more frustrating then having a vibrator that simply doesn't vibrate! Hopefully you paid by credit card. You should dispute the purchase with your credit card company claiming that the product you purchased was defective. If that doesn't work, you likely need to file a small claims court action against them. Unfortunately, this likely has to be done in the state where the company is located (likely difficult). If you are able to bring a small claims action against them, you would be suing under the Federal Magnusson-Moss Warranty Act, which protects consumers against manufacturer and/or dealers where a warranty is offered on the product and the manufacturer and/or dealer does not live up to the warranty. You might also consider contacting the manufacturer directly. It will cost them little to nothing to make you happy. It's obvious that getting you a new working vibrator will certainly accomplish that! Best of luck!