Local Tint Shop installed spray on paint protection instead of Suntek PPF

At this point however the owner isn't saying he won't refund your full purchase price?

You need to at least talk to a lawyer.

One thing? When he sends you the $300 check, I wouldn't cash it, because I think that could be construed as acceptance or remedy. I wouldn't cash anything until/if you get the full amount back. You basically have to say, you want a full refund, and you are not accepting less.

I am however not a legal expert here.

I assume you have a copy of the purchase agreement? Sub-Contracting the work out is no excuse. It's still fraud to have you pay for a service and product you never received.

How to handle this I think would be rather cut and dry for a Lawyer familiar with the law in this area. You have a 100% case here.

I would think you are entitled to damages here as well, as you never wanted that spray on crap put on your vehicle, and now you are going to have to pay or worry about having it removed.

Horrible to hear about this...good luck.

 

Take him to small claims court with all that evidence it should be an easy case. And make sure to write a review on yelp so other consumers are aware.

 

I do a lot of spray painting, and that looks like clear spray paint from a can to me.

 

Talk to an attorney? Damages?

What damages?

This is the reason our legal system is overburdened. Everyone thinks an attorney solves everything and they deserve damages.

 

OH damn. Lesson learned. That is why I won't bring my car to anywhere without doing research on the company first. My best friend works at Toyota where I got my prius from so I am lucky at least I am covered from being F-'d over.

Also all the stuff I buy online, I make sure it is from a reputable dealer. Did my research on them first before buying.

With that being said, I did buy winter rims last month from an ebay store that ended up telling me they didn't have the rims after I paid them full for it. They held my money for more than a week before returning it on paypal. Everytime I called them, they said "they are working on it, the boss is sending your refund as we speak."

A lot of bull. Long story short, I got my money back. Just be careful out there guys. Everyone's gonna take your money any chance they got.

 

Well first of all, he paid for a service and product he did not receive.
That's fraudulent at the least. I don't buy the "We sub-contracted the work out"...you know what your selling and it is your responsibility sub-contract or not, to know what your subcontractors are doing.

Secondly his car was covered in crap he didn't want...that he now has to be removed. I certainly wouldn't be happy about that.

I think the OP deserves a FULL refund IMMEDIATELY
...without any attached waiting period. I think the tint shop owes whatever the cost for removal of the crap that was sprayed on.

And if I wasn't happy with how my vehicle looked after the spray on crap was removed? I might go further.

You might, might not need an attorney....but the OP needs to protect his interest.

By the way...my brother is a lawyer...and I'd say the converse is true. A lot of people think all Lawyers and Attorneys are just out for money, burdening the legal system....BS!

Lawyers and Attorneys are diverse people trained in a diverse field. A lawyer trained in consumer law, could be helpful in this situation.

If they don't refund his money? What are you going to do?

There are times in life, when you need a lawyer or attorney, and that doesn't make all lawyers and attorneys evil.

It's easy to buy into the stereotype of money hungry lawyers with no ethics...until you need someone trained in the law to help you.

PS.
I also said "Talk to a Lawyer". In a case like this, sometimes the information you might need about your rights and potential remedies can be had in a simply consultation or over the phone. Sometimes free...or nearly free.

So when I say "Talk to a Lawyer" I'm not necessarily saying get ready to take the case to the supreme court.

If the tint shop isn't cooperative or forthcoming with refund and remedy....escalation is going to be needed.

 

Quite unnecessary and overkill. The OP paid with a credit card. The CC company will take care of it.

 

? Did you not file a dispute with your CC company? If so, they'll reverse the charge.

 

It's BS about the tint shop owner stating he sub'd it out. The owner promised you something and you paid for it. The sub didn't make that promise, the owner did. The owner should refund the full amount, then work to get his money back from the sub. The fact you did not get what you paid for, and what you got is worthless, should be easily resolved with the CC company.

 

Contact your CC company , perhaps they can handle it .... Small claims court , possible but IMO small claims courts don't have enforcement ... BBB last resort no teeth ... Keep contacting
The body shop they should handle it at once and THEY can go after the place it
Was outsourced at. .... I would be totally pissed ,,,, good luck

 

Yep that might be the very advice a lawyer would give him. Might even be able to help him file a dispute with the credit card company.

 

Sounds like you don't know much about credit card protection. Any lowly customer can pick up the phone and file a dispute.

 

All I'm saying, is SOMETIMES in a situation like this, a consultation with a consumer law attorney can be helpful. You never do know what people know or don't know about handling a situation like this.

I don't know what remedy the OP is looking for, but not only would I want a refund...but I'd want the crap that was sprayed on carefully and professionally removed, and not at my expense, and not by that tint shop.

Consulting with a lawyer CAN be as simple as that lawyer saying "pick up the phone and file a dispute with your credit card company"...and sometimes, people don't know to do that.

I hope the OP doesn't need an attorney, and with the advice given in this thread it sounds like he is on the right track. But in the original post the OP did say "What options do I have if the tint shop owner doesn't refund the rest of the $300? I filed complaints with the South Carolina Department of Consumer Affairs and the BBB. I've also contacted my credit card company and they filed a dispute for me. "-- So we've known from post #1 that the credit card company had filed a dispute. If we read carefully.

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id consider the 300 bucks from the shop owner my "Damages" IE the money I'd spend at a detail shop to get the spray on liner removed. And then have the credit card company get my full refund per the credit card agreement.

Problem solved...

 

If the CC company sees that the shop owner already reimbursed you in the form of credit, they're not going to honor the claim. If he screws up and mails you a check instead, then yes, that's possible.

 

according to the OP the shop owner gave or mailed him 300 bucks (check) and is waiting on the sub to reimburse the shop owner until he gives the rest of the money back... which is BS...

Its not the OP's fault the shop used a shtty sub. Give the OP a full refund, and then let the OP go to a detail shop and have the crap removed, and then pay th ebill for the detail shop.

then Shop needs to go after the Sub...

If I was the OP I would not mention to the CC company anything about the check that the Shop owner gave him As I said, I'd consider that money to be spent on restoring the car to its original condition.

Stupid shop owner... If he had told the OP, "hey sorry I don't have the pattern for your car in just yet, its going to be a couple more days..." would have solved all problems. Yeah he may have lost a job if the OP did not want to wait., but now its going to cost him out of pocket $$$ to restore the car.

I'd feel very confident in being able to dispute the credit card charge and get a full refund.
Which is where small claims court would come into play if the Shop did not pony up and pay for the removal.

The problem with small claims court, is collecting the money. Just because you have a judgment, doesn't guarantee $$$ but a trip to small claims will cost the shop more than just the price to restore the car. it cost court fees, and if the OP is a good record keeper he can track his losses for being with out a car, IE renting while his car is in the shop, time spent doing all the leg work, ect... so the judgment could easily double or triple the actually cost of removing the spray on stuff.

 

Is that what the OP really says though? There's no mention of how the OP got the initial $300 (whether it was in the form of credit or check), only that the shop owner would cut a check for the remaining $300.