mislabed fabric content

John Thomas McManus

Assuming that your rash has subsided and you have no lingering physical issues that may have been caused by the sweaters, before you start considering litigation against this seller, take a moment to review the seller's return poilcy. Assuming that you are within the return policy, you may be able to simply return the three sweaters for a full refund. This would put you back in the same position that you were in prior to buying the sweaters (which your question implies is your ultimate goal), minus the hassle of the return and the temporary discomfort from the rash. Perhaps you could even go a step further and explain to the seller your belief that your rash was attributable to the potentially mislabeled sweaters. A reputable seller may be willing to do more for you than simply refund your money under these circumstances to keep you as a satisfied customer.

Assuming, however, that your rash is still present and can be linked to fraudulently-labeled or mislabed clothing (which your question seems to imply), you could potentially sue the seller for whatever damages you may have incurred as a result beyond the cost of the sweaters (i.e., consumer fraud for the allegedly mislabeled sweaters and/or personal injuries due to the mislabeling). This step, however, would involve proving, among other things, that the sweaters are not in fact pure cashmere and that this caused your rash. Under these circumstances, you would be wise to consult with a local attorney who specializes in consumer fraud and/or personal injury actions.