My friend vs. Disney- Is this legal?

[nane1104 146]

A friend of mine bought some Disney/Baby Einstein DVDs for her kids. The kids didn't like them and then there was a recall on the DVDs because Baby Einstein wrongly advertised those DVDs would make kids "little Einsteins".

So my friend sent the DVDs back for a refund but missed the deadline.

You would think they just refused the refund and send her the DVDs back, right? Nope, Disney just kept them, stating, it was written in their policies that DVDs sent in after the deadline would not be returned.

While I am thinking my friend might be out of luck here, I am wondering: Is a policy like that lawful? She paid for those DVDs, they are her property. If I go to a store to return something and they don't take the item back, I still own the item, right? The store would not take it from me, throw it away and tell me I am out of luck?!

I mean, what Disney is doing here, isn't that stealing, policy or not?

What do you guys think? Should she just give in or make a big fuss?

[luckytxn 2,265]

Sue them and make a big fuss. Thats the American way.

[Neonred 3,664]

I'd say out of luck. She missed the deadline, but sent them anyway, right? So now she expects Disney to pay to send them back?

And who really believes having kids watch DVDs will make them little Einsteins?

[nane1104 146]

1:1....anybody else please?

[justashooter 430]

I'd say out of luck. She missed the deadline, but sent them anyway, right? So now she expects Disney to pay to send them back?

And who really believes having kids watch DVDs will make them little Einsteins?

the principle of maturation says that it won't.

[Susita 175]

If she complains enough she'll get something out of them. She has to be as annoying as possible. They will give her something just to shut her up.

[The_Dude 1,142]

If she complains enough she'll get something out of them. She has to be as annoying as possible. They will give her something just to shut her up.

That only works on normal companies. This is disney we're talking about. They won't budge on this one.

[Brother Hesekiel 2,236]

Let's see . . . my time is worth $60 an hour. The lawyer I hire charges me $350 an hour. I'd say, with only one court date I can get my DVD back, and it only cost me $1,200.00. But maybe not. Should I try?

[nane1104 146]

Let's see . . . my time is worth $60 an hour. The lawyer I hire charges me $350 an hour. I'd say, with only one court date I can get my DVD back, and it only cost me $1,200.00. But maybe not. Should I try?

I wasn't saying anything about her trying to file a lawsuit, she isn't even thinking about that. I was just wondering if she is actually in the right or wrong since first I told her flat out that she is out of luck if it's in their policies.

But now I am actually thinking that a policy like that might be unlawful to begin with.

I think the furthest she would go is to send a few more or less nice emails to complain about this policy but I don't think she is expecting anything to come out of it.

[christeen 966]

Bug the ####### out of them... They will do something for her... Make sure she writes formal letters, not just e-mails... Tell them that she has been in touch with other mothers that have experienced this problem and that the local paper contacted her about doing a story about this problem in their "doesent that stink" or some other catchy type title but she wanted to be fair and formally request that Disney does the honorable thing before she publically shares her case... blah, blah, blah... Just write it very professionally, send a fecopies to several higher ups in Public Relations, the Producers of the DVD.. anyone she can get info for (look up the names on the web, they are all listed)... But be sure the letters are VERY polite and non-confrontational and sound like an intelligent person wanting resolution of a matter, not a raving pissed off mom...

If that does not work, then you are only out some time and a few bucks for stamps... But this method has worked for me with other large corporations...

[Danno 1,228]

Bug the ####### out of them... They will do something for her... Make sure she writes formal letters, not just e-mails... Tell them that she has been in touch with other mothers that have experienced this problem and that the local paper contacted her about doing a story about this problem in their "doesent that stink" or some other catchy type title but she wanted to be fair and formally request that Disney does the honorable thing before she publically shares her case... blah, blah, blah... Just write it very professionally, send a fecopies to several higher ups in Public Relations, the Producers of the DVD.. anyone she can get info for (look up the names on the web, they are all listed)... But be sure the letters are VERY polite and non-confrontational and sound like an intelligent person wanting resolution of a matter, not a raving pissed off mom...

If that does not work, then you are only out some time and a few bucks for stamps... But this method has worked for me with other large corporations...

Your game-plan sounds excellent..... but we must ask, why would anyone go to this trouble to get back Cd's her kids didn't like anyway.

Bottom line:

she bought CDs which turned out to be duds.

By some odd chance a recall was offered and she could have gotten a refund,

As sometimes happens, she missed the date to make a claim.

SHe sent in the CDS anyway though I think it was advised not to as they don't want the responsibility of returning them.

NOw she has neither the refund nor the crappy CDs.

I hardly see how this could possibly be worth more effort than an email or two.