Migliaccio & Rathod LLP is investigating retailers selling open-box or used goods as “new” while charging restocking fees or refusing refunds when customers discover the misrepresentation.

Reported Issues

Consumers describe receiving guitars or equipment that show clear signs of prior use, including scratches, missing accessories, or cosmetic damage, despite being advertised as new. When returned, retailers often impose 15% restocking fees or charge shipping both ways, even while promoting “45-day satisfaction guarantees.”

Why Consumers Should Be Concerned

Misrepresenting used goods as new may violate state UDAP laws, the UCC’s express-warranty provisions, and federal mail-order rules. Restocking penalties may further compound the financial harm.

Signs You May Be Affected

Received a product labeled “new” that showed signs of use
Were charged a restocking fee or denied a refund
Purchased from a major retailer or online marketplace since 2019

If you experienced these issues, fill out the form below or contact [email protected].

The following will ask for your contact information so that we may reach you to talk about potential claims. This information is for our records only and will not be shared. By continuing, you consent to the collection of this information for these limited purposes.

Your name Your phone number Your email State of Residence What is the name of the affected product or service? When did you last purchase this product or service (month and year)? Do you have proof of purchase (receipt, email confirmation, transaction on your bank statement, etc.)?

Please briefly describe the issue with the product or service and when it occurred.

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