What Are My Rights If a Product Does Not Match Its Description?

Discovering that your recent purchase does not match its description can be both frustrating and costly. Whether you ordered a “brand new” electronic that arrived with scratches or bought furniture with a lower quality than advertised, you are not powerless. Several California laws provide strong protections for consumers who have been misled or deceived by sellers.

At Olivier & Schreiber PC, our experienced consumer protection attorneys understand the complex landscape of consumer rights. We help individuals throughout California hold businesses accountable when products fail to meet advertised standards. When products do not match their description, you have:

• Legal protection under California consumer laws
• The right to remedies when products are misrepresented
• Legal recourse options even when warranties are denied or sellers refuse to cooperate

This post will help explain each of these options further.

What Are Common Ways Products Can Be Misleading?

Deceptive product practices take many forms, from stretching the truth in advertisements to omitting crucial information that would affect your purchasing decision. Understanding what these tactics may look like can help you recognize when your consumer rights have been violated.

Some of the most common forms of false advertising can include:

• False Quality Claims: Sellers might advertise products using premium materials when cheaper alternatives were actually used. A sofa marketed as genuine leather might be synthetic, for instance, or electronics labeled as “commercial grade” may use standard consumer components.
• Hidden Defects or Damage: This problem occurs when sellers deliberately conceal known issues with the product. This may look like used items sold as new, products sold with manufacturing defects, or items with undisclosed prior damage history.
• Misleading Origin Information: Businesses may misrepresent where or how products were made. Items advertised as “Made in USA” might actually be manufactured overseas, or products marketed as “handcrafted” could be mass-produced in factories.

These and many other tactics may be employed by sellers, but consumers have legal options under the law.

Which Laws Protect California Consumers?

California provides some of the strongest consumer protection laws in the nation. Three key statutes typically form the foundation of your rights when products fail to match their descriptions.

• The Consumer Legal Remedies Act (CLRA) specifically targets deceptive practices in consumer transactions. This law covers false advertising, misrepresentation of product characteristics, and unfair business tactics.
• California’s Unfair Competition Law (UCL) provides broad protection against unlawful, unfair, or fraudulent business practices.
• The Song-Beverly Consumer Warranty Act governs warranty rights and obligations. When products fail to meet basic quality standards, this law requires sellers to provide repairs, replacements, or refunds.

These laws work together to create comprehensive protection for consumers who have been sold products after being deceived or misled by false advertising.

What Can I Do If I Have Been Deceived by False Advertising?

Taking prompt action, such as documenting product discrepancies and submitting consumer complaints, protects your legal rights as a consumer and can improve your chances of a favorable resolution.

1. Document Everything Thoroughly. Collect all materials related to your purchase, including receipts, contracts, advertisements, and correspondence with the seller. Take photographs of the product showing how it differs from the description. Write detailed notes about conversations with sales representatives or customer service, if needed.
2. Contact the Seller First. Many businesses will resolve legitimate complaints when approached professionally. Send a written complaint describing the problem and requesting a specific remedy, such as a refund or replacement. Keep copies of all communications and document any responses.
3. Escalate If Necessary. If direct contact fails, consider filing complaints with the California Department of Consumer Affairs and other relevant agencies. These complaints create official records and may help prompt business responses.
4. Know When to Seek Legal Help. You may want to contact an experienced consumer protection attorney when sellers refuse to cooperate, the financial stakes are significant, or you suspect the deceptive practice affects other consumers. Legal representation can often prompt resolutions that individual complaints cannot achieve.

You Can Take Action for Consumer Justice

Consumer protection laws exist to ensure fair treatment in the marketplace. When businesses violate these standards, they can face serious legal consequences including monetary damages and court orders to change their practices.

At Olivier & Schreiber PC, our team has years of experience in consumer protection law. We understand how product misrepresentation affects both your finances and your trust in the marketplace. If you have purchased a product that does not match its description and are considering pursuing legal recourse, we invite you to contact our office today.