Refund Rights FAQ

Under California Civil Code Section 1723, if a retailer does not conspicuously post their return policy at the point of sale, you are entitled to a full refund within 30 days of purchase. This is a powerful consumer protection that many Californians are unaware of. The law requires that any refund policy restrictions must be clearly displayed on signs at the cash register, on the sales receipt, or on tags attached to the merchandise.

If the store fails to meet these disclosure requirements, you have the legal right to return merchandise for a full cash or credit refund within 30 days. This applies to most consumer goods, though there are exceptions for perishable items, items marked "as-is," custom-made products, and items that cannot be resold for health and safety reasons.

When requesting your refund, bring your receipt and reference California Civil Code 1723 if the merchant resists. If they continue to refuse, you can file a complaint with the California Department of Consumer Affairs.

To file a credit card chargeback, you must contact your credit card issuer in writing within 60 days of the statement date showing the disputed charge, as required by the Fair Credit Billing Act (FCBA). Under California law, you have additional protections through Civil Code Section 1747.90 that extend these rights.

Start by documenting your dispute thoroughly, including copies of receipts, correspondence with the merchant, and photos of any defective products. Send a written dispute letter to your card issuer's billing inquiries address (not the payment address). Include your name, account number, the dollar amount in question, and a detailed explanation of why you're disputing the charge.

The card issuer must acknowledge your dispute within 30 days and resolve it within two billing cycles (but no more than 90 days). During the investigation, you don't have to pay the disputed amount, and the issuer cannot charge interest on it or report it as delinquent. Keep copies of all correspondence for your records.

Yes, California law provides strong remedies for consumers who paid for services that were never rendered or were substantially deficient. Under the California Consumer Legal Remedies Act (CLRA), Civil Code Sections 1750-1784, it is unlawful for businesses to represent that services have been performed when they have not, or to represent that services have particular qualities that they do not have.

If a service provider fails to perform contracted services, you are entitled to a full refund. For services performed poorly, you may be entitled to a partial refund reflecting the diminished value of the services received. Additionally, under California Business and Professions Code Section 17200 (the Unfair Competition Law), you can seek restitution for money obtained through unfair business practices.

To pursue your refund, first send a written demand letter to the service provider documenting the failure or deficiency. If they refuse, you can file a complaint with the California Department of Consumer Affairs or pursue the matter in small claims court for amounts up to $12,500.

When a California merchant refuses to honor their posted refund policy, they are violating California Civil Code Section 1723 and potentially the Consumer Legal Remedies Act. A merchant's posted return policy creates a binding obligation, and failure to honor it constitutes both breach of contract and potentially unfair or deceptive business practices.

You have several legal remedies available. First, document the refusal in writing and request a supervisor or manager review the situation. If the merchant still refuses, file a complaint with the California Attorney General's Office Consumer Protection Division and your local District Attorney's Consumer Protection Unit. You can also file a complaint with the Better Business Bureau.

For monetary recovery, small claims court is an excellent option for disputes up to $12,500. Under the CLRA, if you can prove the merchant's conduct was willful, you may be entitled to actual damages, punitive damages up to $5,000, and attorney's fees. Consider sending a CLRA demand letter giving the merchant 30 days to cure the violation before filing suit.

The dispute timeframes differ significantly between credit and debit cards, making this an important distinction for California consumers. For credit cards, the Fair Credit Billing Act provides 60 days from the statement date to dispute a charge in writing. However, California's Song-Beverly Credit Card Act provides additional protections and may extend certain rights.

For debit cards, protections come from the Electronic Fund Transfer Act (EFTA), and timing is critical. If you report an unauthorized transaction within 2 business days of learning about it, your maximum liability is $50. If you report between 2 and 60 days, your liability increases to $500. After 60 days from the statement date, you could lose all the money taken from your account.

This is why credit cards generally offer better consumer protection for purchases. California Civil Code Section 1748.41 provides that cardholders cannot be held liable for unauthorized use once they report a lost or stolen card. Always monitor your accounts regularly and report discrepancies immediately to maximize your protection under both federal and California state law.

The California Consumer Legal Remedies Act (CLRA), codified in Civil Code Sections 1750-1784, is one of the strongest consumer protection statutes in the nation and provides powerful remedies for refund disputes. The CLRA prohibits 27 specific unfair and deceptive business practices, including misrepresenting the characteristics of goods or services, advertising goods without intent to sell them as advertised, and making false statements about price reductions.

For refund rights specifically, the CLRA makes it unlawful for merchants to fail to deliver goods or services as promised. When a merchant violates the CLRA, consumers can recover actual damages, punitive damages up to $5,000 for willful violations, injunctive relief, and attorney's fees and costs.

Importantly, before filing a CLRA lawsuit, you must send the defendant a written demand letter at least 30 days before filing, giving them an opportunity to cure the violation. This demand letter requirement is mandatory. The CLRA also prohibits class action waivers for CLRA claims and provides that any waiver of CLRA rights is void as against public policy.

California law does not automatically guarantee a refund for online purchases when you simply change your mind, but several protections apply to California-based online retailers. Under California Civil Code Section 1723, if an online retailer does not clearly and conspicuously disclose their return policy before the purchase is completed, you have the right to return merchandise for a full refund within 30 days.

The disclosure must be provided in a manner that the consumer can retain, such as on the order confirmation page or in the confirmation email. Additionally, under the CLRA, if the product was misrepresented in any way on the website, you have grounds for a refund.

For credit card purchases, you can dispute the charge under the Fair Credit Billing Act if the goods received were materially different from the description. Many online retailers voluntarily offer generous return policies to remain competitive, so always check the policy before purchasing. California's Automatic Renewal Law (Business and Professions Code 17600-17606) also provides specific cancellation and refund rights for subscription services.

Proper documentation is essential for successfully pursuing refunds and chargebacks under California law. At minimum, you should gather and preserve the following: your original receipt or proof of purchase showing the date, amount, and items purchased; any written communications with the merchant including emails, text messages, and letters; photographs or videos of defective products or evidence of service failures; the merchant's posted or written return policy; bank or credit card statements showing the charge; and any advertising materials that may have been misleading.

For chargebacks specifically, your credit card issuer will require a written statement explaining why you're disputing the charge, what attempts you made to resolve the issue with the merchant, and what remedy you're seeking.

Under California Civil Code Section 1723, if the merchant failed to post a return policy, document this with photos of the store showing no visible policy at checkout. For CLRA claims, keep copies of any demand letters you send and proof of delivery. Consider using certified mail with return receipt for important correspondence to create a paper trail that can be verified in court if necessary.

California has some of the strongest gift card protections in the nation under Civil Code Section 1749.5. Gift cards sold in California cannot expire and cannot have inactivity fees or service fees that reduce the card's value over time, with limited exceptions for cards given as promotional rewards.

Importantly, California law requires that if a gift card has a remaining balance of less than $10, the consumer can request and receive cash back for that balance. This is known as the "gift card cash back" law. For store credit, if you return an item and receive store credit instead of a refund, that store credit is treated similarly to a gift card and cannot expire.

However, merchants are generally permitted to offer store credit instead of cash refunds if their policy allows, provided the policy was properly disclosed under Civil Code Section 1723. If a merchant refuses to honor a valid gift card or store credit, this may constitute a violation of the CLRA and Business and Professions Code Section 17200. You can file complaints with the California Attorney General or pursue remedies in small claims court.

Losing your receipt complicates refund requests but doesn't necessarily eliminate your rights under California law. While a receipt is the best proof of purchase, there are alternative ways to establish that you made the purchase. If you used a loyalty program or provided your phone number or email at checkout, the merchant may have electronic records of your transaction. Credit and debit card statements provide proof of purchase date and amount. Some merchants can look up transactions using the original payment card.

Witness testimony from someone who was present during the purchase can also support your claim. Under California Civil Code Section 1723, merchants can require proof of purchase as a condition of returns, so the burden is on you to establish that you made the purchase from that retailer.

However, if the product is defective, the Song-Beverly Consumer Warranty Act may provide remedies regardless of whether you have a receipt, as the manufacturer's warranty runs with the product. For high-value items, consider keeping digital photos of receipts or using receipt-scanning apps. If the merchant refuses a legitimate return without reasonable cause, document your attempt and consider filing a complaint with consumer protection agencies.