They made a mistake. Bring it back, tell them when you bought it and that it was expired at that time, and I'll bet you they'll replace it, or give you your money back in exchange for the expired coffee.
Not legal advice, just my two cents. I don't practice law in New York or hold New York licensure. If you need legal advice, please consult a lawyer who does.
A "best buy" date doesn't mean they can't sell it. Rather it simply means after that date, it's not as it was 24 hours earlier (which is debatable if its vacuum packed. Now you have four options. 1) you can bring it back to the store,and ask that they give you a new bag. You'll almost certainly get 2) You can write a letter to corporate explaining what happened, and they'll send you coupons for two pounds of free coffee 3) You can file for $24 a small claims action, and then waste half a day in court suing to get your $11 back or 4) You can make a 100 telephone calls looking for a class action lawyer who will sue Dunkin Donuts for selling coffee past its best by date, without any guarantee of success. Only you know how aggravated you are by the purchase of this "expired" coffee and what efforts on your part are necessary for you to feel vindicated so that you can sleep at night. You may wish to consider switching to decaf.
If you'd like to discuss, please feel free to call. Jeff Gold Gold, Stewart & Benes, LLP 1854 Bellmore Ave Bellmore, NY 11710 Telephone -516.512.6333 Email - [email protected]
Not all disputes should be resolved by a lawsuit. If you file a suit you will spend more time and money and incur aggravation than is worth. You also will waste the resources of the judicial system. As recommended by others, take the coffe back get a new bag or your money back.
This response is for information purpose only and does not constitute a legal advice. This response does not create an attorney-client relationship.
It depends on the State's law. However, were you injured. Occasionally an item sits past its prime and gets to a consumer. However, absent an injury your case would have no merit.
Mr. Pascale is licensed to practice law in the State of New York. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and time-lines that, if known, could significantly change the reply and make it unsuitable. Mr. Pascale strongly advises the questioner to confer with an attorney in their state in order to insure proper advice is received.
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