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Consumer ProtectionA consumer is a person who buys or rents something. The consumer protection laws make sure consumers are treated fairly. This chapter covers consumer protection in goods and services. (See Housing and Automobiles.) Damaged or defective products. You can return goods or services if they are seriously damaged. If you act right away, the seller must give you your money back. If you discover the item does not work properly or has a flaw, it is called "defective." Ask the seller to repair the item or give you another one. You can reject defective goods when they are delivered. Notify the seller in writing that you are rejecting the goods and state the reason. You may not discover that a product is defective right away. In that case, you may rely on an express warranty*. A warranty is a manufacturer or seller's promise that a product will last for a certain amount of time. An express warranty is written. If you complain about a defect during the warranty period you "freeze" the warranty. This term means that you are covered by the warranty no matter how long it takes to settle the claim. Implied warranties. You also have two "implied warranties" under Maine law. These warranties are for family or personal use, not for business use. The first warranty requires that the product be "fit for ordinary purposes." For example, the warranty might be that a microwave oven is fit to cook food and will work as long as microwave ovens ordinarily work. It is not fit for drying your gloves after they are soaked in the rain. The second warranty requires that the product be fit for a particular purpose. The warranty protects you if a seller tells you a product can be used in a particular way. For example, if a seller tells you a mobile telephone can work as a camera, but it cannot, you are covered by the warranty. These warranties cover a new or used item unless it has been abused or was purchased more than four years ago. It must also be within its "useful life." Both the seller and the manufacturer are responsible for solving the problem. In most cases, the remedy* for violations of the implied warranties is that the product is replaced or repaired. Telephone and mail order sales. If you order a product over the telephone or by mail you have the following rights:
Injury. If you have been injured by a product or if the product is dangerous you may be able to sue for damages*. (See Civil Suits) To do this you should contact a lawyer or legal services. Resources. The Maine Office of the Attorney General has a consumer law guide to help you in all areas of consumer protection. The Guide is available online at http://www.maine.gov/ag. To file a formal complaint with the Maine Attorney General's office:
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