According to findlaw.com, the answer is yes, consumers may sue online retailers.
“(Y)ou may be able to sue certain large online retailers, but you are bound by the terms of their online user agreement. Those agreements vary substantially from site to site,” they say.
“At least one allows you to freely sue, but only in a particular county of a particular state. Others allow you to bring a case on your own behalf in your local small claims court, but you must submit larger claims to a process called arbitration. At least one requires arbitration, but you can opt out of arbitration if you notify them within 30 days.
“A contracts attorney could help you better understand the terms of your user agreement — as you will see, those agreements can be quirky — and give you legal advice about whether you should seek legal relief.”
Findlaw.com also says in California laws protect consumers from sellers who retaliate against those who leave bad reviews.
Tips:
- Before taking legal action, contact the company and see if they will offer a satisfactory resolution.
- Check the site’s return and refund policies.
- Contact your credit card company to reverse the charge, or if appropriate, start a fraud investigation.