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(WLBZ2 Bangor)   Maine woman going to jury trial for theft of a glow in the dark toilet seat. I see what you did there and... ewww   (wlbz2.com) divider line 25
    More: Strange, Maine, jury trials, Big Chicken Barn Books  
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2495 clicks; posted to Main » on 12 Dec 2012 at 9:42 AM (1 year ago)   |  Favorite    |   share:  Share on Twitter share via Email Share on Facebook   more»



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2012-12-12 09:47:33 AM
api.ning.com
 
2012-12-12 09:53:42 AM
If there is a posted no return policy, she doesn't have a leg to stand on. But if they don't have a posted policy, here's what she did wrong. She should have cancelled payment on the check and returned the seat to the store. she could tell the owner, she doesn't care what she does with it, but she has cancelled the transaction. And then she leaves with no further discussion. But some how I get the impression that this disagreement was more about hissing and claws than substance.
 
2012-12-12 09:54:30 AM
Please stop linking up to auto-plays.

/it interrupted my A7X song
 
2012-12-12 09:57:13 AM

JackieRabbit: If there is a posted no return policy, she doesn't have a leg to stand on. But if they don't have a posted policy, here's what she did wrong. She should have cancelled payment on the check and returned the seat to the store. she could tell the owner, she doesn't care what she does with it, but she has cancelled the transaction. And then she leaves with no further discussion. But some how I get the impression that this disagreement was more about hissing and claws than substance.


obviously you didn't RTFA and you make an arse out of yourself in so doing. congratulations.
 
2012-12-12 09:58:44 AM
What can't Tritium do?
 
2012-12-12 10:00:12 AM

KrispyKritter: JackieRabbit: If there is a posted no return policy, she doesn't have a leg to stand on. But if they don't have a posted policy, here's what she did wrong. She should have cancelled payment on the check and returned the seat to the store. she could tell the owner, she doesn't care what she does with it, but she has cancelled the transaction. And then she leaves with no further discussion. But some how I get the impression that this disagreement was more about hissing and claws than substance.

obviously you didn't RTFA and you make an arse out of yourself in so doing. congratulations.


I watched the video.... And I also know that ALL the antique stores on my area (except the ones selling Louis XIV desks, and the like) have a no return policy. And you're a dick.
 
2012-12-12 10:14:06 AM
Seems like a civil matter, rather than a criminal one. Maine has a very strong consumer protection law (posted no refund policies are not valid). I get worried when the police are used as debt collectors.
 
2012-12-12 10:22:31 AM

JackieRabbit: KrispyKritter: JackieRabbit: If there is a posted no return policy, she doesn't have a leg to stand on. But if they don't have a posted policy, here's what she did wrong. She should have cancelled payment on the check and returned the seat to the store. she could tell the owner, she doesn't care what she does with it, but she has cancelled the transaction. And then she leaves with no further discussion. But some how I get the impression that this disagreement was more about hissing and claws than substance.

obviously you didn't RTFA and you make an arse out of yourself in so doing. congratulations.

I watched the video.... And I also know that ALL the antique stores on my area (except the ones selling Louis XIV desks, and the like) have a no return policy. And you're a dick.


FTFA:

There is a law in Maine that does allow consumers to return damaged or defective goods for a refund. Linda Conti, an assistant attorney general who heads up the consumer division says that if it is returned immediately, a consumer has the right to a refund, even if a store has a 'no return policy'.

There. Now you won't have to trouble yourself reading through all those words in the rest of the article.
 
2012-12-12 10:31:18 AM
And if you're wondering who uses checks any more, it's everyone in line in front of you at the Hannaford in Bangor.
 
2012-12-12 10:41:56 AM

JackieRabbit: KrispyKritter: JackieRabbit: If there is a posted no return policy, she doesn't have a leg to stand on. But if they don't have a posted policy, here's what she did wrong. She should have cancelled payment on the check and returned the seat to the store. she could tell the owner, she doesn't care what she does with it, but she has cancelled the transaction. And then she leaves with no further discussion. But some how I get the impression that this disagreement was more about hissing and claws than substance.

obviously you didn't RTFA and you make an arse out of yourself in so doing. congratulations.

I watched the video.... And I also know that ALL the antique stores on my area (except the ones selling Louis XIV desks, and the like) have a no return policy. And you're a dick.


No matter what silliness a store posts up on the wall, consumers have rights which are spelled out by laws. You shouldn't call people a dick when you are talking out of your ass.
 
2012-12-12 10:48:49 AM
Any judge that allows this to go forward is an absolute ass, A sub-human piece of filth that does not deserve to breathe the air we do. I know that Judges are wealthy and support their businessmen peers as a matter of principle, but, really, someone who is supposed to be principled has to think of the 99% who ACTUALLY PAY MOST OF HIS SALARY, not just his fellow "suits".

This is a case for small-claims court. End of story.
 
2012-12-12 10:58:47 AM
The law generally does not allow self-help to redress a perceived breach of contract. The customer's remedy was small claims court unless Maine allows her to stop payment on a check.

That said, no jury will convict this woman. Shop owner's going to pay a lot more than $13.
 
2012-12-12 10:59:55 AM
IANAL but I don't think she has a leg to stand on if this page is accurate.

http://maine.gov/legis/lawlib/whatis.htm

"There are no Maine statutes regarding general merchandise returns. It's strictly a matter of store policy, which should be posted in the store. "
 
2012-12-12 11:00:43 AM
Who the fark still writes checks?
 
2012-12-12 11:01:07 AM
Well the good news is that I at least am comforted to know that even in the Yankee North, there is white trash that would make my ex wife's family from Oklahoma blush.

Still, why anyone would cry so loud over 13 dollars is kind of sad and what do you need a glow in the dark toliet seat for....

Hey I have a great idea, why not make her some glow in the dark condoms and some glow in the dark tampons
 
2012-12-12 11:20:11 AM

Jument: IANAL but I don't think she has a leg to stand on if this page is accurate.

http://maine.gov/legis/lawlib/whatis.htm

"There are no Maine statutes regarding general merchandise returns. It's strictly a matter of store policy, which should be posted in the store. "


Think the State Attorney has someone who doesn't need to go IANAL?


Chapter 05: Consumer Rights If You Are Sold Defective Goods Or Services

Consumers who immediately discover that they have been sold a seriously defective item can immediately reject it and demand their money back. If a consumer does not discover the defect until sometime later, then the consumer's remedy is to have the business or the manufacturer repair the item. If the item cannot be repaired, then the consumer can consider revoking ownership and demanding the return of the purchase price.


Link 

What I don't understand is how she got charged with theft. Passing a bad check, perhaps, Conversion, perhaps. But theft? Not even specified as petty theft.

As a comparison, the same AG site says consumers can cancel credit card transaction if they feel they were treated unfairly (for purchases greater than $50). So theoretically, if that was a$50 toilet seat (its not), and she paid by card, and canceled the transaction, would she still be charged with theft? Apparently not, even though the size of the dispute is larger.

/so I guess the moral of the story, is pay by card when dealing with douche stores in Maine
 
2012-12-12 11:26:56 AM

Vlad_the_Inaner: Chapter 05: Consumer Rights If You Are Sold Defective Goods Or Services

Consumers who immediately discover that they have been sold a seriously defective item can immediately reject it and demand their money back. If a consumer does not discover the defect until sometime later, then the consumer's remedy is to have the business or the manufacturer repair the item. If the item cannot be repaired, then the consumer can consider revoking ownership and demanding the return of the purchase price.


That quote is all kinds of messed up. Example: it says that the consumer can "consider demanding the return of the purchase price". It doesn't say that the story has to comply! Also: what's the definition of immediately versus sometime later? Both rather important points.
 
2012-12-12 11:36:36 AM

Jument: Vlad_the_Inaner: Chapter 05: Consumer Rights If You Are Sold Defective Goods Or Services

Consumers who immediately discover that they have been sold a seriously defective item can immediately reject it and demand their money back. If a consumer does not discover the defect until sometime later, then the consumer's remedy is to have the business or the manufacturer repair the item. If the item cannot be repaired, then the consumer can consider revoking ownership and demanding the return of the purchase price.


That quote is all kinds of messed up. Example: it says that the consumer can "consider demanding the return of the purchase price". It doesn't say that the story has to comply! Also: what's the definition of immediately versus sometime later? Both rather important points.


So you are asking for technical definitions instead of a short FAQ type answer.

Indeed that is covered by Maine Statues (you know, the ones that supposedly don't exist)

Perhaps you should start here:

http://www.mainelegislature.org/legis/statutes/11/title11sec2-602.htm l

§2-602. Manner and effect of rightful rejection
 
2012-12-12 11:38:39 AM

Vlad_the_Inaner: Jument: Vlad_the_Inaner: Chapter 05: Consumer Rights If You Are Sold Defective Goods Or Services

Consumers who immediately discover that they have been sold a seriously defective item can immediately reject it and demand their money back. If a consumer does not discover the defect until sometime later, then the consumer's remedy is to have the business or the manufacturer repair the item. If the item cannot be repaired, then the consumer can consider revoking ownership and demanding the return of the purchase price.


That quote is all kinds of messed up. Example: it says that the consumer can "consider demanding the return of the purchase price". It doesn't say that the story has to comply! Also: what's the definition of immediately versus sometime later? Both rather important points.

So you are asking for technical definitions instead of a short FAQ type answer.

Indeed that is covered by Maine Statues (you know, the ones that supposedly don't exist)

Perhaps you should start here:

http://www.mainelegislature.org/legis/statutes/11/title11sec2-602.htm l

§2-602. Manner and effect of rightful rejection


Fark trashed that link as text. Try this:

Link
 
2012-12-12 11:39:37 AM

Vlad_the_Inaner: Jument: Vlad_the_Inaner: Chapter 05: Consumer Rights If You Are Sold Defective Goods Or Services

Consumers who immediately discover that they have been sold a seriously defective item can immediately reject it and demand their money back. If a consumer does not discover the defect until sometime later, then the consumer's remedy is to have the business or the manufacturer repair the item. If the item cannot be repaired, then the consumer can consider revoking ownership and demanding the return of the purchase price.


That quote is all kinds of messed up. Example: it says that the consumer can "consider demanding the return of the purchase price". It doesn't say that the story has to comply! Also: what's the definition of immediately versus sometime later? Both rather important points.

So you are asking for technical definitions instead of a short FAQ type answer.

Indeed that is covered by Maine Statues (you know, the ones that supposedly don't exist)

Perhaps you should start here:

http://www.mainelegislature.org/legis/statutes/11/title11sec2-602.htm l

§2-602. Manner and effect of rightful rejection


My point was that it's a lame FAQ answer. It's great to leave off the legalese but the FAQ doesn't tell the consumer anything useful. Also note that I never claimed to be an expert and my original quote was "if this is accurate".

You sound a tad hostile?
 
2012-12-12 11:53:32 AM
Why is everyone ignoring the obvious question: Is she fat?
 
2012-12-12 12:12:06 PM

Jument: You sound a tad hostile?


I felt defensive, because the FAQ I quoted gave more information than the one you quoted, yet you criticized it. The AG office at least gave an overview,and a reference for more details.Not sure whatelse you could expect for a useful answer.

It seemed really doubtful that Maine's state law on the matter was 'caveat emptor', which is what your original quote boiled down to. So I looked it up, found the 'whatis' guide was wrong, but my link on why I thought it was wrong was rejected as 'all kinds of messed up'. So defensive seemed justified.
 
2012-12-12 05:00:17 PM

Kevinnap: I get worried when the police are used as debt collectors.


as we all should be.
 
2012-12-12 07:00:47 PM
Third Maine story in a week or so.. I fear that we're starting to share more than our snowbirds with florida. Yikes.
 
2012-12-12 08:16:39 PM

TiiiMMMaHHH: Third Maine story in a week or so.. I fear that we're starting to share more than our snowbirds with florida. Yikes.


I've always thought that, per capita, Maine outdoes Florida for farkiness.
 
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