A couple from Millinocket got the runaround from a furniture store when they challenged the business’s return policy. It all began innocently enough when Mr. and Ms. G. decided they would like to conceal their television when it was not in use and felt that a corner armoire would fit the bill.

Aware of the old adage “measure twice, cut once,” they brought the dimensions of their TV with them when they visited the store (80 miles from home). After consulting with a salesperson, the couple was told that the store carried the perfect armoire for their needs and it cost just $599. Money was exchanged, the armoire was loaded, and Mr. and Ms. G. headed home to Millinocket.

Once home, the happy travelers gathered around their new entertainment center and put the TV in it, but, lo and behold, the doors would not shut. They pushed, twisted and shimmied, but the TV wasn’t getting any smaller and the armoire wasn’t getting any bigger. Unable to defy physics, they put the armoire back in the truck and returned to the furniture store.

Mr. and Ms. G. were not happy when the manager informed them the store’s refund policy was to issue a store credit, rather than a refund. Mr. and Ms. G. found this unacceptable when they made the purchase based on faith that the store’s salesperson had selected an armoire that complied with their TV’s dimensions. Unable to get the business to listen to reason, they accepted the store credit – then called COMBAT.

Mr. G. spoke to one of our mediation volunteers and decided to purchase a COMBAT membership, allowing us to take direct action on his behalf. Our volunteer sent a letter to the owner of the furniture store and informed him that our organization was working on behalf of Mr. G., and that we felt the business was in violation of Maine’s Express and Implied Warranty Law. This law states that anything bought in Maine for family, household or personal use is warranted by law, to be fit for the ordinary purpose for which such goods are used. Simply put, an entertainment armoire with doors to conceal a TV must do exactly that. Additionally, the law states that if the seller knows what the item is to be used for and the item is inadequate for that purpose, the buyer’s rights have been violated.

The business responded through their lawyer who opined that the furniture store’s refund policy was valid and that Maine’s warranty laws did not apply to Mr. G.’s case. Therefore, it appeared that the business owner had no intention of issuing a refund.

COMBAT, however, felt there was another avenue worth exploring in Maine’s laws that protect our consumers. We did not agree with the attorney’s conclusion, and felt that Mr. G. had a fair shot at recouping his money through Maine’s court system. We provided him with “A Consumer’s Guide to Small Claims Court” and the Maine attorney general’s “Consumer Law Guide” explaining the Express and Implied Warranty Law.

It was Ms. G.’s turn at the plate, and she took the furniture store to small claims court. She argued that in her case the Implied Warranty Law and the Merchantability and Fitness of Purpose Act protected her rights as a consumer.

The judge agreed. According to Maine law, her rights indeed had been violated when the business refused to issue a complete refund. Ms. G. was awarded her refund as well as court costs, confirming COMBAT’s motto, “A great oak was once just a little nut that held its ground.”

Consumer Forum is a collaboration of the Bangor Daily News and Northeast COMBAT-Maine Center for the Public Interest, Maine’s membership-funded nonprofit consumer organization.