📋 Overview
You've received a demand letter from a consumer requesting a refund for a purchase. California has specific refund policy requirements under Civil Code Section 1723 that govern when and how businesses must accept returns. Understanding your obligations and rights is essential to crafting an appropriate response.
⚠ Refund Policy Display
California requires refund policies to be conspicuously displayed. If you have no posted policy, consumers may return goods within 30 days for a full refund.
🕒 Time Matters
Prompt response demonstrates good faith. Delays can lead to chargeback escalation, BBB complaints, or small claims court filings.
💰 Potential Exposure
Unfair business practices under Bus. & Prof. Code 17200 can result in restitution, injunctions, and civil penalties up to $2,500 per violation.
Common Refund Claim Scenarios
- Product not as described - Item differs from listing, photos, or specifications
- Defective merchandise - Product arrived damaged or malfunctioned shortly after purchase
- Service not rendered - Paid for service that was never performed
- Buyer's remorse - Consumer simply changed their mind (policy-dependent)
- Unauthorized charges - Consumer claims they didn't authorize the purchase
- Shipping/delivery issues - Product lost, damaged, or never delivered
Case review, professional response letter, up to 2 revisions. Often resolves matters without escalation.
🔍 Evaluate the Claim
Before responding, thoroughly review the transaction and the consumer's claims. Understanding the facts will help determine whether to grant the refund, deny it, or negotiate a resolution.
Risk Assessment Matrix
| Claim Type | If Valid | Risk Level |
|---|---|---|
| No refund policy posted | Must accept return within 30 days - Civil Code 1723 | HIGH |
| Product not as described | Full refund + potential CLRA liability | HIGH |
| Defective product | Refund or replacement under Song-Beverly Act | MEDIUM |
| Return within posted policy | Must honor your stated policy | HIGH |
| Return outside policy window | Can deny if policy properly displayed | LOW |
📄 Transaction Records
- ✓ Original invoice or receipt
- ✓ Payment confirmation and method
- ✓ Product description/listing at time of sale
- ✓ Shipping/delivery confirmation
📝 Policy Documentation
- ✓ Posted refund policy (with date proof)
- ✓ Terms and conditions at checkout
- ✓ Customer acknowledgment of policy
- ✓ Prior communications with customer
⚠ California Civil Code 1723 Requirements
Your refund policy must be displayed at each point of sale, on receipts, and at entrances (for brick-and-mortar). If you don't have a properly displayed policy, California law presumes a 30-day full refund right. The policy must be in at least 10-point bold type or conspicuously posted in-store.
🛡 Your Defenses
Even if a consumer demands a refund, you may have valid grounds to deny or limit the return. Here are common seller defenses.
Properly Posted "No Refund" or Limited Return Policy
Under Civil Code 1723, if your return policy is conspicuously displayed and excludes certain items or sets a time limit, you can enforce it. The consumer must have had reasonable notice before purchase.
Product Delivered as Described
If the product matches its description, specifications, and images, "not what I expected" is not grounds for a mandatory refund. The consumer's subjective dissatisfaction doesn't create liability.
Consumer-Caused Damage or Misuse
If the product was damaged due to consumer misuse, modification, or negligence, you're not obligated to issue a refund. Document the condition of returned items.
Time Limitation - Return Window Expired
If your properly-posted policy sets a return window (e.g., 14 days) and the consumer is outside that window, you can deny the return unless defect claims apply.
Excluded Category
Certain items can be excluded from return policies: perishables, personalized items, intimate apparel, hazardous materials, or items where return poses health/safety concerns.
🚨 Weak Defenses to Avoid
- "All sales final" without proper display - Not enforceable in California
- "Policy is on our website" without checkout acknowledgment - Insufficient notice
- "Restocking fee" not disclosed before sale - Cannot be charged
- "We don't accept returns on sale items" without pre-sale disclosure - Invalid
⚖ Response Options
Based on your evaluation, choose the appropriate response strategy.
📊 Cost-Benefit Analysis: Refund vs. Dispute
Example: $500 refund demand
💡 When to Just Refund
For claims under $200, the cost of fighting usually exceeds the refund. For claims $200-$1000, consider the strength of your defenses. Only fight when: (1) your policy was clearly displayed, (2) the claim is clearly frivolous, and (3) you have documentation to prove your position.
📝 Sample Responses
Copy and customize these response templates for your situation.
🚀 Next Steps
What to do after receiving a consumer refund demand.
Step 1: Review Records
Pull the transaction, your posted policy at time of sale, and all communications with the customer.
Step 2: Assess Validity
Determine if the claim has merit based on your policy, the product condition, and applicable law.
Step 3: Calculate Costs
Compare refund amount to dispute costs, chargeback risk, and reputational impact.
Step 4: Respond Professionally
Send clear, documented response. Keep copies of everything.
If They File a Chargeback
- Gather evidence quickly - You typically have 7-14 days to respond
- Provide documentation - Proof of delivery, policy display, customer communications
- Consider accepting - Fighting chargebacks costs time and has low win rates for "not as described" claims
If They File in Small Claims Court
- Respond within deadline - Typically 20-30 days after service
- Gather evidence - Policy display proof, transaction records, product documentation
- Consider settlement - Court takes half a day minimum; calculate your time cost
Get Professional Help
Consumer disputes can escalate quickly. Get a professional response letter drafted on attorney letterhead.
Schedule Consultation - $450California Resources
- Civil Code 1723: Refund policy requirements for retailers
- Business & Professions Code 17200: Unfair business practices
- Song-Beverly Consumer Warranty Act: Civil Code 1790-1795.8
- California Attorney General: oag.ca.gov - Consumer protection guidance