📋 Overview: California Refund Rights

California provides strong consumer protections when sellers refuse to honor refunds. Unlike many states, California requires sellers to clearly disclose their refund policies and imposes strict requirements on "no refund" policies. When a seller denies a legitimate refund request, you have multiple legal avenues to recover your money.

When to Use This Guide

This guide helps California consumers demand refunds when:

🛒 Defective Merchandise

Product arrived broken, doesn't work as described, or failed prematurely

🚫 Services Not Rendered

You paid for services that were never provided or substantially incomplete

💸 Hidden Restocking Fees

Seller is deducting fees that weren't clearly disclosed before purchase

❌ No-Refund Policy Violations

Seller claims "no refunds" but didn't properly post the policy as required by law

💳 Credit Instead of Cash

Seller offers store credit when you're entitled to a cash refund

🕐 Return Window Disputes

Seller refused return within the stated or implied return period

👍 California's Consumer-Friendly Refund Laws

  • Civil Code 1723 - Sellers must conspicuously post refund policies
  • Default full refund - If no policy is posted, consumers get 30-day full refund right
  • CLRA protection - Misrepresenting refund rights is a statutory violation
  • Song-Beverly Act - Additional protections for defective consumer goods
  • Attorney fees - Prevailing consumers can recover legal costs under CLRA

⚠ Act Promptly

The sooner you send a demand letter, the stronger your position. Keep all receipts, packaging, and communications. If the seller has a legitimate return window, make sure you're within it - or document why the window shouldn't apply (e.g., defective product, undisclosed policy, services not rendered).

💰 Damages You Can Recover

California law provides for substantial damages when sellers wrongfully deny refunds. Depending on the circumstances, you may recover far more than just the original purchase price.

Damage Type Description
Refund Amount Full purchase price of the product or service
Consequential Damages Additional costs caused by the refund denial (replacement purchase, repair costs, etc.)
Song-Beverly Penalty Up to 2x actual damages for willful warranty violations (defective goods)
CLRA Damages Actual damages plus potential punitive damages for egregious conduct
Attorney Fees CLRA provides one-way fee-shifting - you recover fees if you win
Court Costs Filing fees and other litigation expenses

Sample Damages Calculation

📊 Example: Defective Electronics Refund Denial

Consumer purchased laptop that failed within 30 days; seller refused refund claiming "opened box" policy.

Original purchase price $1,299
Replacement laptop (had to buy elsewhere) $1,399
Data recovery services $250
Song-Beverly civil penalty (2x economic damages) $2,598
Attorney fees (if litigated) $5,000+
POTENTIAL TOTAL EXPOSURE $10,546+

💡 Why Sellers Often Settle

A $1,299 refund dispute can quickly become a $10,000+ liability for the seller when attorney fees and penalties are added. This leverage makes settlement attractive for businesses - it's cheaper to refund you than to fight and risk paying your lawyer.

✅ Evidence Checklist

Gather these documents before sending your demand letter. Strong documentation is essential for refund disputes. Click items to check them off as you collect them.

🛒 Proof of Purchase

  • ✓ Original receipt or invoice
  • ✓ Credit card or bank statement showing charge
  • ✓ Order confirmation email (online purchases)
  • ✓ Contract or service agreement

📄 Return Policy Evidence

  • ✓ Photo of posted return policy (or lack thereof)
  • ✓ Screenshot of website return policy
  • ✓ Copy of receipt showing (or not showing) policy
  • ✓ Any policy documents provided at purchase

📷 Product Documentation

  • ✓ Photos of defective product
  • ✓ Video showing malfunction or defect
  • ✓ Original packaging and labels
  • ✓ Warranty card or documentation

📩 Communications

  • ✓ Emails requesting refund
  • ✓ Seller's refusal responses
  • ✓ Chat transcripts or text messages
  • ✓ Notes from phone calls (date, time, who you spoke with)

💳 Credit Card Records

  • ✓ Credit card statement showing purchase
  • ✓ Chargeback dispute records (if filed)
  • ✓ Bank's decision on any disputes

💰 Damage Evidence

  • ✓ Receipts for replacement purchases
  • ✓ Repair invoices or estimates
  • ✓ Documentation of any other losses

🔒 Preserve All Evidence

Do NOT throw away the product, packaging, or any documents. Keep everything in its current condition. Take photos and videos before storing. If you've already discarded items, document what you remember about them in writing. Evidence preservation is critical for legal claims.

💡 File a Chargeback

If you paid by credit card, you may be able to dispute the charge with your card issuer under the Fair Credit Billing Act. This is separate from (and can be done alongside) sending a demand letter. Chargebacks have time limits, so act promptly - typically 60-120 days from the statement date.

📝 Sample Language

Copy and customize these paragraphs for your demand letter. Each addresses a different type of refund denial situation common in California.

Defective Merchandise
On [PURCHASE DATE], I purchased a [PRODUCT NAME] from your store for $[AMOUNT]. The product is defective in that [DESCRIBE DEFECT - e.g., "it does not power on," "the screen is cracked," "it overheats and shuts down"]. Under California's Song-Beverly Consumer Warranty Act (Civil Code 1790 et seq.), you are required to provide a repair, replacement, or refund for defective consumer goods. Your refusal to refund the purchase price violates this Act, and I am entitled to actual damages plus civil penalties of up to two times my damages for your willful noncompliance.
Services Not Rendered
I paid $[AMOUNT] on [DATE] for [DESCRIBE SERVICE - e.g., "home cleaning services," "website development," "tutoring sessions"]. Despite my payment, you have failed to perform these services as agreed. Specifically, [DESCRIBE WHAT WAS NOT PROVIDED - e.g., "no cleaning was ever performed," "the website was never delivered," "only 2 of 10 sessions were provided"]. Your failure to perform constitutes a material breach of contract, and your retention of payment for services not rendered violates California Civil Code Section 1770(a)(14) of the Consumers Legal Remedies Act. I demand a full refund of the unearned portion of my payment.
Hidden Restocking Fee
I attempted to return the [PRODUCT] within your stated return period. You have assessed a [PERCENTAGE/AMOUNT] restocking fee that was not disclosed at the time of purchase. Under California Civil Code Section 1723, any conditions on refunds - including restocking fees - must be conspicuously posted at the point of sale. I did not see any such disclosure before my purchase, nor was it printed on my receipt. Your undisclosed restocking fee violates Section 1723 and constitutes an unfair business practice under Business & Professions Code Section 17200. I demand a full refund without any restocking fee deduction.
No-Refund Policy Violation
You have refused my refund request claiming a "no refund" or "all sales final" policy. However, under California Civil Code Section 1723, such policies must be conspicuously posted at each cash register, on a tag attached to the merchandise, or printed on the sales receipt. At the time of my purchase on [DATE], [STATE WHAT YOU OBSERVED - e.g., "no such policy was posted at the register," "the receipt did not contain any refund policy," "the policy was not visible until after checkout"]. Because you failed to properly disclose your no-refund policy as required by law, I am entitled to return the merchandise for a full refund within 30 days of purchase.
Credit vs. Cash Refund
You have offered store credit in the amount of $[AMOUNT] rather than a cash refund. However, your posted return policy [STATE BASIS - e.g., "does not specify that returns are for credit only," "states 'full refunds within 30 days' without limiting to credit," "was not posted at all"]. Under California Civil Code Section 1723, if your policy does not clearly state that refunds will be in the form of credit only, consumers are entitled to a refund in the same form of payment used for the original purchase. I paid by [CASH/CREDIT CARD/DEBIT] and demand a refund in that same form, not store credit.
CLRA 30-Day Notice Paragraph
This letter constitutes the required 30-day notice under California Civil Code Section 1782 of the Consumers Legal Remedies Act. Your refusal to provide a refund violates CLRA Section 1770(a)(14), which prohibits representing that a transaction involves rights or remedies which it does not have. If you fail to provide an appropriate remedy within 30 days of receipt of this notice, I will pursue all available legal remedies including actual damages, punitive damages, injunctive relief, and attorney fees as permitted by CLRA Section 1780.

📄 Full Sample Demand Letter

Below is a complete demand letter template. Replace the bracketed placeholders with your specific information. Send via certified mail, return receipt requested, to create a record of delivery.

Complete Demand Letter Template
[YOUR NAME]
[Your Address]
[City, State ZIP]
[Your Email]
[Your Phone]
[DATE]
VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED

[SELLER NAME]
Attn: Customer Service / Legal Department
[Seller Address]
[City, State ZIP]
Re: Demand for Refund - CLRA 30-Day Pre-Suit Notice
Purchase Date: [PURCHASE DATE]
Product/Service: [PRODUCT/SERVICE DESCRIPTION]
Amount: $[AMOUNT]
Order/Receipt Number: [ORDER NUMBER]

Dear [SELLER NAME]:

I am writing to formally demand a refund of $[AMOUNT] for [PRODUCT/SERVICE] purchased from your [STORE LOCATION/WEBSITE] on [PURCHASE DATE]. This letter also serves as the required 30-day notice under California Civil Code Section 1782 of the Consumers Legal Remedies Act before I initiate legal action.

FACTS OF THE TRANSACTION

On [PURCHASE DATE], I purchased [PRODUCT/SERVICE DESCRIPTION] from your business for $[AMOUNT]. I have attached a copy of my receipt. [DESCRIBE THE PROBLEM: For example, "The product was defective upon arrival - it does not power on despite following all setup instructions" OR "The services were never rendered despite my payment" OR "I attempted to return the item within your stated return period but was refused."]

On [RETURN DATE], I contacted your [store/customer service] to request a refund. Your representative, [NAME IF KNOWN], refused my request, stating [REASON GIVEN FOR REFUSAL]. This refusal is improper under California law.

LEGAL VIOLATIONS

Your refusal to provide a refund violates the following California laws:

1. California Civil Code Section 1723 (Refund Policy Disclosure)

[SELECT ONE: "Your business did not conspicuously post a return policy as required by law. Because no policy was posted, I am entitled to a full refund within 30 days of purchase." OR "Your stated return policy was not properly disclosed before purchase - it was not posted at the register, on a sign, or on my receipt." OR "The restocking fee you are attempting to charge was not disclosed as required by law."]

2. Consumers Legal Remedies Act (Civil Code Section 1770)

Your conduct violates CLRA Section 1770(a)(14), which prohibits representing that a transaction involves rights, remedies, or obligations which it does not have. [IF DEFECTIVE: "Additionally, Section 1770(a)(5) prohibits representing goods have characteristics they do not have, and Section 1770(a)(7) prohibits misrepresenting quality."]

3. Song-Beverly Consumer Warranty Act (Civil Code 1790 et seq.)

[IF DEFECTIVE GOODS: "As the seller of defective consumer goods, you are required to provide a repair, replacement, or refund. Your failure to do so violates the Song-Beverly Act, which provides for civil penalties of up to two times actual damages for willful violations."]

DEMAND

I demand the following within 30 days of your receipt of this letter:

1. Full refund of $[AMOUNT] by [CHECK/CREDIT TO ORIGINAL PAYMENT METHOD]
2. [IF APPLICABLE: Reimbursement of $[AMOUNT] for [DESCRIBE CONSEQUENTIAL DAMAGES - replacement purchase, shipping costs, etc.]]

CONSEQUENCES OF NON-COMPLIANCE

If you fail to provide the demanded refund within 30 days, I will pursue all available legal remedies, including:

- Filing a lawsuit in California Superior Court or Small Claims Court
- Seeking actual damages, restitution, and consequential damages
- Song-Beverly civil penalties of up to 2x actual damages (if applicable)
- Punitive damages under the CLRA for willful violations
- Recovery of attorney fees and costs under CLRA Section 1780(e)
- Complaints to the California Attorney General and local consumer protection agencies
- Credit card chargeback dispute

Given California's one-way attorney fee provision under the CLRA, your litigation exposure will far exceed the refund amount. I strongly encourage you to resolve this matter promptly.

Please contact me at [EMAIL] or [PHONE] within 30 days to arrange payment.

Sincerely,

_________________________
[YOUR NAME]

Enclosures:
- Copy of receipt/proof of purchase
- Photos of defective product (if applicable)
- Copies of prior correspondence with seller
- [Other supporting documents]

📩 Sending Instructions

  • Send via USPS Certified Mail, Return Receipt Requested - This provides proof of delivery
  • Keep a copy of everything you send
  • Track the delivery at usps.com using your tracking number
  • Save the green card when it returns with the signature
  • Mark your calendar - Day 30 is the deadline for their response

🚀 Next Steps

After sending your demand letter, here's what to expect and how to proceed.

Expected Timeline

Days 1-7

Seller receives letter, logs complaint, assigns to customer service or legal

Days 7-21

Review period - seller may contact you to negotiate or request information

Days 21-30

Response deadline - seller should provide refund, counter-offer, or written response

Day 31+

CLRA notice period expires - you can now file lawsuit for full damages + fees

If They Pay

  1. Verify the amount - Make sure you received the full refund plus any consequential damages
  2. Keep records - Save proof of payment in case of future disputes
  3. Consider reviews - You may choose to update any negative reviews you posted

If They Don't Respond or Refuse

  1. Credit Card Chargeback

    If you paid by credit card, file a dispute with your card issuer. Attach your demand letter and evidence. Banks often side with consumers for legitimate refund disputes.

  2. Small Claims Court (up to $12,500)

    California small claims court is fast, inexpensive, and doesn't require an attorney. File in the county where the transaction occurred or where the defendant does business. Filing fee is typically $30-$75.

  3. Superior Court (over $12,500 or seeking attorney fees)

    For larger claims or if you want to recover attorney fees under CLRA, file in Superior Court. Consider hiring an attorney - many take CLRA cases on contingency because of the fee-shifting provision.

  4. Report to Consumer Protection Agencies

    File complaints with the California Attorney General (oag.ca.gov/contact/consumer-complaint-against-business-or-company), local District Attorney consumer protection unit, and the Better Business Bureau.

Need Legal Help?

Refund disputes can escalate quickly. Get a 30-minute strategy call with an attorney to evaluate your case and discuss the best path forward.

Book Consultation - $125

California Resources

  • CA Attorney General Consumer Protection: oag.ca.gov/consumers
  • CA Dept. of Consumer Affairs: dca.ca.gov
  • California Courts Self-Help: courts.ca.gov/selfhelp
  • Small Claims Court Guide: courts.ca.gov/selfhelp-smallclaims
  • State Bar Lawyer Referral: calbar.ca.gov

⚠ Statute of Limitations

CLRA claims must be filed within 3 years of the violation. Breach of warranty claims have a 4-year limit. Oral contract claims have a 2-year limit. Don't delay - the longer you wait, the weaker your case becomes and you may lose your right to sue entirely.