Lost Return Refund Process

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New York

In New York, you have several consumer protection rights that may help you in your situation:
- **New York General Business Law (GBL) Section ***: Protects consumers against deceptive business practices.
- **Federal Trade Commission (FTC) Rule**: Merchants must deliver goods within the time frame they specify or within 30 days if no time frame is specified.

~Contact Information for New York Attorney General's Office~
Phone: (*) *-*
Address: The Capitol, Albany, NY *-*
Website: ag.ny.gov

Have you kept all the receipts and correspondence related to this purchase?

Yes

You may consider taking the following steps:
*. Contact the merchant again with all your documentation and reference GBL Section * and the FTC Rule.
*. File a complaint with the New York Attorney General's Office if the merchant remains uncooperative.
Would you like information on how to file a complaint with the Attorney General's Office?

Yes

To file a complaint with the New York Attorney General's Office, follow these steps:
*. Visit the website: [ag.ny.gov](https://ag.ny.gov)
*. Navigate to the "Consumer Frauds and Protection" section.
*. Fill out the online complaint form or download the form and mail it to the provided address.
Would you like more information on small claims court, just in case?

What is the minimum amount of a case for small claims court to be accepted?

In New York, there isn't a minimum amount required to file a case in small claims court. You can file for any amount up to the maximum limit, which is $*,*.
Would you like information on how to file a small claims case in New York?

Yes

To file a small claims case in New York, follow these steps:
*. **Determine the appropriate court**: Use the court locator on nycourts.gov to find the correct court based on your location.
*. **Gather necessary documents**: Include receipts, correspondence, and any evidence related to your case.
*. **Complete the application**: Fill out the small claims form available at the court or online.
*. **Pay the filing fee**: Fees vary, typically around $* to $*.
*. **Attend the hearing**: Present your case before a judge.
Would you like more detailed information on filing fees or court locations?

Yes

Sure, here are more details:
*. **Filing Fees**: Generally, filing fees in New York small claims courts range from $* to $*, depending on the amount you are claiming.
*. **Court Locations**: You can use the court locator on the New York State Unified Court System's website ([nycourts.gov](https://nycourts.gov)) to find the appropriate court.
Would you like to know the specific documents you should bring to the hearing?

Yes

Here are the specific documents you should bring to the small claims court hearing:
- Receipts for the items purchased and returned
- Correspondence with the merchant and UPS
- Tracking information from UPS
- Any documentation supporting your claim (e.g., return policies, photos of the items, etc.)
Would you like guidance on how to prepare your case for the hearing?

What if they dont have specific policy for that case?

If the merchant doesn't have a specific policy for lost returns, you can rely on general consumer protection laws and principles. Here are some steps:
*. **Document Everything**: Gather all correspondence and proof of purchase.
*. **Reference Laws**: Mention New York General Business Law Section * and FTC rules in your communications.
*. **Formal Demand**: Send a formal demand letter to the merchant.
*. **File a Complaint**: If unresolved, file a complaint with the New York Attorney General's Office.
*. **Small Claims Court**: Consider filing a case in small claims court.
Would you like guidance on how to write a formal demand letter?

Yes

To write a formal demand letter, follow these steps:
*. **Header**:
- Your Name and Address
- Date
- Merchant's Name and Address
*. **Subject**: Clearly state the purpose, e.g., "Demand for Refund for Lost Returned Items."
*. **Introduction**:
- Briefly describe the situation and the items involved.
*. **Details**:
- Include dates of purchase, return, and any correspondence.
- Mention the UPS tracking information.
*. **Legal References**:
- Cite New York General Business Law Section * and FTC rules.
*. **Demand**:
- Clearly state what you are seeking (e.g., a full refund) and provide a deadline for response.
*. **Closing**:
- Mention that if the demand is not met, you will take further action, such as filing a complaint with the Attorney General’s Office or pursuing the matter in small claims court.
*. **Signature**:
- Sign the letter.
Would you like an example template for the demand letter?

Yes

Example Template for a Formal Demand Letter
[Your Name]
[Your Address]
[City, State, ZIP Code]
[Email Address]
[Phone Number]
[Date]
[Merchant's Name]
[Merchant's Address]
[City, State, ZIP Code]
**Subject: Demand for Refund for Lost Returned Items**
Dear [Merchant's Name],
I am writing to formally demand a refund for two items I purchased from your online store, which I returned but were lost in transit. I have contacted UPS, and they have confirmed that the items were lost.
**Details of the Transaction:**
- **Purchase Date:** [Insert Date]
- **Return Date:** [Insert Date]
- **Order Number:** [Insert Order Number]
- **UPS Tracking Number:** [Insert Tracking Number]
- **Correspondence:** [Briefly describe any communication with the merchant and UPS]
Under New York General Business Law Section *, which protects consumers against deceptive business practices, and the Federal Trade Commission rules that mandate merchants deliver goods within the specified timeframe or within 30 days if none is specified, I am entitled to a full refund for the lost items.
**Demand:**
I demand a full refund of [Insert Amount] for the lost items

I would like an example letter with filled in information.

~Example Template for a Formal Demand Letter~

[Your Name]
[Your Address]
[City, State, ZIP Code]
[Email Address]
[Phone Number]
[Date]
[Merchant's Name]
[Merchant's Address]
[City, State, ZIP Code]
**Subject: Demand for Refund for Lost Returned Items**
Dear [Merchant's Name],
I am writing to formally demand a refund for two items I purchased from your online store, which I returned but were lost in transit. I have contacted UPS, and they have confirmed that the items were lost.
**Details of the Transaction:**
- **Purchase Date:** January *, *
- **Return Date:** January *, *
- **Order Number:** *
- **UPS Tracking Number:** 1Z999AA10123456784
- **Correspondence:** I contacted UPS on February *, *, and they confirmed the items were lost. I reported this to your customer service on February *, *, but was told to wait without a specified time frame.
Under New York General Business Law Section *, which protects consumers against deceptive business practices, and the Federal Trade Commission rules

Hiw to fill in demand and closing for a demand letter?

To fill in the demand and closing sections of your demand letter, you can use the following template:
**Demand:**
I demand a full refund of $* for the lost items. Please process this refund within 14 days from the date of this letter.
**Closing:**
If I do not receive the refund within the specified timeframe, I will file a complaint with the New York Attorney General’s Office and consider pursuing this matter in small claims court.
Thank you for your prompt attention to this matter.
Sincerely,
[Your Name]
Would you like any additional guidance on writing or sending the letter?

Yes

When sending your formal demand letter, follow these steps:
*. **Proofread**: Ensure all details are correct and the tone is professional.
*. **Send via Certified Mail**: This provides proof of delivery.
*. **Keep Copies**: Retain copies of the letter and all supporting documents for your records.
*. **Follow Up**: If no response within the specified timeframe, proceed with filing a complaint or small claims case.
Would you like detailed information on how to follow up if there's no response?

If the merchant address not in the same state?

If the merchant is located in a different state, you can still take the following steps:
*. **File a Complaint with the FTC**: The Federal Trade Commission handles interstate commerce issues.
*. **Contact the Better Business Bureau (BBB)**: File a complaint with the BBB in the merchant's state.
*. **Small Claims Court**: You may need to file in your state or the merchant's state, depending on the terms and conditions.
Would you like more information on how to proceed with these options?

Yes

To proceed with these options when the merchant is out of state:
*. **File a Complaint with the FTC**:
- Visit [ftc.gov](https://www.ftc.gov) and follow the instructions to file a complaint online.
*. **Contact the Better Business Bureau (BBB)**:
- Visit [bbb.org](https://www.bbb.org) and file a complaint with the BBB in the merchant's state.
*. **Small Claims Court**:
- Check the terms and conditions of your purchase to determine the appropriate jurisdiction.
Would you like more details on how to file a complaint with the BBB?

Yes

To file a complaint with the Better Business Bureau (BBB), follow these steps:
*. **Visit the BBB Website**:
- Go to [bbb.org](https://www.bbb.org).
*. **Locate the Merchant's BBB**:
- Use the search function to find the BBB in the state where the merchant is located.
*. **Submit a Complaint**:
- Complete the online complaint form with all relevant details about your issue.
*. **Follow Up**:
- Track the status of your complaint through the BBB's website.
Would you like guidance on any other aspect of your case?

Does the law indicated that return packages must have a time frame to reach the destination?

In general, U.S. law does not specify a time frame for return packages to reach their destination. However, the Federal Trade Commission (FTC) Rule requires merchants to deliver goods within the time frame they specify or within 30 days if no time frame is specified.
Would you like more information on how to address this issue with the merchant?

Any laws that mention returns packages lost for how long that considered lost? Do customers must wait for the lost packages to be delivered to the destination?

There are no specific federal laws that define how long a return package must be lost before it's officially considered lost. However, here are some points to consider:
- **FTC Rule**: Merchants must deliver goods within the time frame they specify or within 30 days if no time frame is specified. This can be leveraged for returns as well.
- **New York General Business Law Section ***: Protects consumers against deceptive business practices, which can include unreasonable delays in processing returns.

Steps to Take:
*. **Contact the Merchant**: Reference the FTC Rule and New York GBL Section * in your communications.
*. **Formal Demand Letter**: Send a formal demand letter if the merchant remains uncooperative.
*. **File a Complaint**: Consider filing a complaint with the New York Attorney General's Office or the FTC.
Would you like more details on how to reference these laws in your communications?

Yes

To reference the relevant laws in your communications, follow this template:
*. **FTC Rule**:
- Mention that merchants must deliver goods within the specified timeframe or within 30 days if no timeframe is specified.
- State that this rule applies to returns as well.
*. **New York General Business Law Section ***:
- Cite that this law protects consumers against deceptive business practices, including unreasonable delays in processing returns.

Example:
Dear [Merchant's Name],
Under the **Federal Trade Commission (FTC) Rule**, merchants are required to deliver goods within the specified timeframe or within 30 days if no timeframe is specified. This rule applies to returns as well.
Additionally, **New York General Business Law Section *** protects consumers against deceptive business practices, which include unreasonable delays in processing returns.
[Rest of your communication]
Would you like help drafting a full letter with these references included?

Yes

Example Formal Demand Letter with Legal References
[Your Name]
[Your Address]
[City, State, ZIP Code]
[Email Address]
[Phone Number]
[Date]
[Merchant's Name]
[Merchant's Address]
[City, State, ZIP Code]
**Subject: Demand for Refund for Lost Returned Items**
Dear [Merchant's Name],
I am writing to formally demand a refund for two items I purchased from your online store, which I returned but were lost in transit. I have contacted UPS, and they have confirmed that the items were lost.
**Details of the Transaction:**
- **Purchase Date:** January *, *
- **Return Date:** January *, *
- **Order Number:** *
- **UPS Tracking Number:** 1Z999AA10123456784
- **Correspondence:** I contacted UPS on February *, *, and they confirmed the items were lost. I reported this to your customer service on February *, *, but was told to wait without a specified time frame.
Under the **Federal Trade Commission (FTC) Rule**, merchants are required to deliver goods within the specified timeframe or within 30 days

30 days including weekends and holidays or not?

The Federal Trade Commission (FTC) Rule specifies that the *-day delivery period includes weekends and holidays.
Would you like further details on how to reference this rule in your communications with the merchant?

If 30 days passed, the return packages still remaining in transit or lost status, does merchant have right reduced the refund or even not refund at all?

If 30 days have passed and the return packages are still in transit or lost, the merchant generally cannot refuse or reduce the refund based on the following:
- **FTC Rule**: Merchants must deliver goods within the specified time frame or 30 days if no time frame is specified.
- **New York General Business Law Section ***: Protects against deceptive business practices, which includes unreasonable delays in processing returns.
Would you like guidance on how to formally communicate this to the merchant?

Yes

To formally communicate this to the merchant, you can use the following template:

Example Formal Communication
---
[Your Name]
[Your Address]
[City, State, ZIP Code]
[Email Address]
[Phone Number]
[Date]
[Merchant's Name]
[Merchant's Address]
[City, State, ZIP Code]
**Subject: Demand for Refund for Lost Returned Items**
Dear [Merchant's Name],
I am writing to formally demand a refund for two items I purchased from your online store, which I returned but were lost in transit. I have contacted UPS, and they have confirmed that the items were lost.
**Details of the Transaction:**
- **Purchase Date:** January *, *
- **Return Date:** January *, *
- **Order Number:** *
- **UPS Tracking Number:** 1Z999AA10123456784
- **Correspondence:** I contacted UPS on February *, *, and they confirmed the items were lost. I reported this to your customer service on February *, *, but was told to wait without a specified time frame.
Under the **Federal Trade Commission (FTC) Rule**, merchants are required

What if merchant keep requesting me to wait for the lost packages to be delivered to destination, without any specific timeframe as they cannot offer time frame to wait as excuse, should i wait for that?

You should not indefinitely wait without a specific timeframe. Here are steps you can take:
*. **Send a Formal Demand Letter**: Reference the FTC Rule and New York GBL Section *.
*. **File a Complaint**: Contact the New York Attorney General's Office or the FTC.
*. **Consider Small Claims Court**: If the merchant remains uncooperative.
Would you like more assistance on drafting a complaint?

Yes

To draft a complaint, you can follow the template below:

Example Complaint Letter
---
**Your Information:**
[Your Name]
[Your Address]
[City, State, ZIP Code]
[Email Address]
[Phone Number]
[Date]
**Merchant's Information:**
[Merchant's Name]
[Merchant's Address]
[City, State, ZIP Code]
**Subject:** Complaint Regarding Lost Returned Items and Demand for Refund
**Dear [Merchant's Name],**
I am writing to formally file a complaint and demand a refund for two items I purchased from your online store, which I returned but were lost in transit. UPS has confirmed that the items were lost.
**Details of the Transaction:**
- **Purchase Date:** January *, *
- **Return Date:** January *, *
- **Order Number:** *
- **UPS Tracking Number:** 1Z999AA10123456784
- **Correspondence:** I contacted UPS on February *, *, and they confirmed the items were lost. I reported this to your customer service on February *, *, but was told to wait without a specified timeframe.
Under the **Federal Trade

If i fils a claim in small claims court, the merchant is selling products on an app, so does the merchant has to be appear in court?

In small claims court, the merchant typically must appear if they are the defendant. If the merchant is out of state, they may be required to send a representative or respond in writing, depending on the court's rules.
Would you like information on how to notify the merchant of the court hearing?

What are the rules for nyc small claims court?

In NYC Small Claims Court, the following rules apply:
- **Claim Amount**: Maximum $*,*.
- **Filing Fee**: $* to $*, depending on the claim amount.
- **Court Appearance**: Both parties must appear or send a representative.
- **Location**: Cases are filed in the appropriate NYC Civil Court based on the claimant's location.

~Example Contact Information for New York County Civil Court Small Claims Part
Phone: (*) *-*
Address: * Centre Street, New York, NY *
Website: [nycourts.gov](https://nycourts.gov)

Would you like more information on how to prepare for the hearing?

Is small claims court in nyc accepted claimant from same location but the respondent is in different location?

Yes, NYC Small Claims Court can accept a claimant from NYC even if the respondent is located in a different location. However, the jurisdiction and ability to enforce the judgment may depend on various factors, including the specifics of the case and the respondent's location.
Would you like more details on how to file a claim in this situation?

Yes

To file a claim in NYC Small Claims Court when the respondent is in a different location, follow these steps:
*. **Determine Jurisdiction**: Confirm that NYC Small Claims Court has jurisdiction over the case. This typically includes where the transaction occurred or where the plaintiff resides.
*. **File the Claim**:
- Visit the nearest NYC Civil Court.
- Complete the necessary small claims form.
- Pay the applicable filing fee ($*-$*).
*. **Serve the Defendant**:
- Ensure the defendant (merchant) is properly notified of the claim. This can be done via certified mail or a process server.
*. **Prepare for the Hearing**:
- Gather all documentation, including receipts, correspondence, and any other evidence.
- Be prepared to present your case clearly and concisely.
Would you like more information on how to serve the defendant in another location?

In this case, if i file a claim in a small claims court, who would win the case?

It's difficult to predict the outcome definitively, but here are factors that may work in your favor:
- **Documentation**: You have receipts, correspondence, and tracking information.
- **Legal Grounds**: New York General Business Law Section * and FTC rules support your claim.
- **Merchant's Inaction**: The merchant's failure to provide a specific timeframe or process the refund.
Would you like more details on how to present your case effectively in court?

Yes

To present your case effectively in NYC Small Claims Court, consider the following steps:
*. **Organize Documentation**:
- Gather all receipts, correspondences, and tracking details.
- Create a chronological timeline of events.
*. **Prepare Your Argument**:
- Clearly state your claim and the amount sought.
- Reference relevant laws: New York GBL Section * and FTC Rule.
*. **Practice Your Presentation**:
- Keep it concise and stick to the facts.
- Prepare to answer questions from the judge.
*. **Bring Copies**:
- Have multiple copies of all documents for the judge and the defendant.
Would you like tips on how to address the judge and the defendant during the hearing?

Yes

To address the judge and the defendant during the hearing, follow these tips:
*. **Be Respectful and Professional**:
- Address the judge as "Your Honor."
- Be polite and avoid interrupting.
*. **Present Your Case Clearly**:
- Start with a brief introduction of your issue.
- Use a chronological order to explain the events.
- Stick to the facts and avoid emotional language.
*. **Reference the Laws**:
- Mention New York General Business Law Section * and the FTC Rule.
- Explain how these laws support your claim.
*. **Provide Evidence**:
- Hand over copies of receipts, correspondence, and tracking information.
- Clearly explain how each piece of evidence supports your case.
*. **Answer Questions Directly**:
- If the judge or defendant asks questions, answer them directly and honestly.
- If you don’t know an answer, it’s okay to say so.
*. **Stay Calm**:
- Maintain composure, even if the defendant disputes your claims.
- Focus on presenting your evidence and arguments.
Would you like more information on how to gather and organize your documentation?

Does merchant has right not refund or reduce refund amount when feels like to?

No, a merchant does not have the right to refuse or reduce a refund arbitrarily. Here are the relevant points:
- **FTC Rule**: Merchants must deliver goods within the specified time frame or within 30 days if no time frame is specified. This applies to returns as well.
- **New York General Business Law Section ***: Protects consumers against deceptive business practices, including unreasonable delays in processing refunds.

Steps to Take:
*. **Send a Formal Demand Letter**: Reference the FTC Rule and New York GBL Section *.
*. **File a Complaint**: Contact the New York Attorney General's Office or the FTC.
*. **Consider Small Claims Court**: If the merchant remains uncooperative.
Would you like more assistance on drafting a formal demand letter or filing a complaint?

Any other ways more simple to do that can help me get my refund back?

Here are simpler steps to help you get your refund back:
*. **Contact Payment Provider**: If you paid with a credit card or PayPal, dispute the charge directly with them.

*. **Social Media**: Publicly post your issue on the merchant’s social media pages. Companies often respond quickly to public complaints.
*. **Consumer Protection Agencies**: File a complaint with agencies like the Better Business Bureau (BBB) or Consumer Financial Protection Bureau (CFPB).
Would you like more details on any of these steps?

What if paypal don't have rule to protect returned packages lost?

If PayPal doesn't have a specific rule to protect returned packages that are lost, you can still take the following steps to seek a refund:
*. **Contact the Merchant**:
- Reference the **FTC Rule** and **New York General Business Law Section *** in your communications.
- Send a formal demand letter.
*. **Dispute the Charge**:
- File a charge dispute with your credit card company, if you used a credit card for the payment.
*. **File a Complaint**:
- With the New York Attorney General's Office or the FTC.
- With the Better Business Bureau (BBB) or Consumer Financial Protection Bureau (CFPB).
Would you like more details on how to file a charge dispute with your credit card company?

Yes

To file a charge dispute with your credit card company, follow these steps:
*. **Gather Documentation**: Have all receipts, correspondence, and evidence of the lost return ready.
*. **Contact Your Credit Card Issuer**: Call the customer service number on the back of your card.
*. **Explain the Situation**: Provide details about the purchase, return, and the merchant's refusal to issue a refund.
*. **Request a Chargeback**: Ask for a chargeback based on the merchant's failure to deliver and process the return.
Would you like guidance on what specific information to provide during the call?

Does credit card provider will be accepted such case like this?

Yes, credit card providers often accept disputes for cases like this, especially if you have documentation proving that you returned the items and that the merchant has been uncooperative. Here’s what you should provide during the call:
- **Purchase Details**: Date, amount, and item description.
- **Return Details**: Date of return and UPS tracking information.
- **Correspondence**: Emails or messages with the merchant and UPS confirming the loss.
- **Legal References**: Mention the FTC Rule and New York General Business Law Section *.
Would you like more assistance with any part of this process?

How to organize all these information as a letter and send to my credit card provider? I need an example letter for this.

Here's an example letter you can use to organize all the information and send it to your credit card provider:
---
[Your Name]
[Your Address]
[City, State, ZIP Code]
[Email Address]
[Phone Number]
[Date]
[Credit Card Provider's Name]
[Provider's Address]
[City, State, ZIP Code]
**Subject: Charge Dispute for Lost Returned Items**
Dear [Credit Card Provider's Name],
I am writing to formally dispute a charge on my credit card for two items I purchased from [Merchant's Name] that were returned but subsequently lost in transit.
**Details of the Transaction:**
- **Purchase Date:** January *, *
- **Return Date:** January *, *
- **Order Number:** *
- **Amount:** $*
- **UPS Tracking Number:** 1Z999AA10123456784
**Correspondence:**
- On February *, *, UPS confirmed that the items were lost in transit.
- I reported this to the merchant's customer service on February *, *, but was advised to wait indefinitely without a specified timeframe.
- Despite multiple follow-ups, the merchant has

Show me the despite and rest parts for this letter.

Certainly! Here is the "despite" and the remaining part of the letter filled in:
---
**Correspondence:**
- On February *, *, UPS confirmed that the items were lost in transit.
- I reported this to the merchant's customer service on February *, *, but was advised to wait indefinitely without a specified timeframe.
- Despite multiple follow-ups, the merchant has not provided a resolution or issued a refund.
**Legal References:**
- Under the **Federal Trade Commission (FTC) Rule**, merchants are required to deliver goods within the specified timeframe or within 30 days if no timeframe is specified. This rule applies to returns as well.
- **New York General Business Law Section *** protects consumers against deceptive business practices, including unreasonable delays in processing returns.
**Request:**
I respectfully request that you process a chargeback for the amount of $* due to the merchant's failure to deliver and process the return in a timely manner.
Thank you for your prompt attention to this matter.
Sincerely,
[Your Name]
---
Would you like any further assistance with this letter or any other part of the process?

Lost Return Refund Process

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