Edgar Dworsky, who runs the Somerville-based Consumerworld.org website, says the law can be helpful to consumers who use it as the basis to send a formal letter to stores or manufacturers demanding compensation for defective products. A formal demand letter requires a response within 30 days and can also apply to services not performed as promised. A guide for what to include in a demand letter is posted on the state Consumer Affairs website (www.mass.gov/ocabr/consumer/legal-resources).
If the company refuses your request, you would then have to decide whether to take your complaint to the next level, which could involve going to court. It’s probably not worth it over a set of dishes, but it could be for a pricey appliance - or to just make a point.
Dworsky, former director of consumer education at the state Executive Office of Consumer Affairs and Business Regulation, suggests you also consider how you paid for the product. Certain credit cards, American Express for one, will double the length of a warranty - giving you up to an additional year of coverage. Many other cards, particularly the higher-level ones - gold, platinum, etc. - have the same extra coverage.
If you’ve ever succeeded in a battle with a company by citing the implied warranty provision of state law or have had success with a demand letter, please share your story. These tales are not widely known, and it would be helpful to your fellow consumers to learn of such victories.
