Disappearing ink on receipts: do sellers have to make the receipt that is visible at least X number of days? The issue with disappearing ink on receipts is notorious. Are sellers required to make the receipt visible at least X number of days? I am mostly interested in the following locations: California, United States Massachusetts, United States Paris, France Seoul, South Korea
I make a copy of any important receipt printed on thermal paper, since the terms of many sellers and manufacturers require receipts for disputes. But I'm not aware of any law that says they have to make it convenient to maintain a receipt or other proof of purchase. However, when a company makes their terms unclear, unexpected, or difficult to comply with it seems there is often a lawyer ready to step up and file a class action lawsuit. Here's one archive to give you an idea of what companies will settle. In the United States the FTC is also empowered by law to "protect consumers," which means that if "disappearing" receipts become a widespread problem for consumers they could take action on the government's authority: The Federal Trade Commission Act is the primary statute of the Commission. Under this Act, the Commission is empowered, among other things, to (a) prevent unfair methods of competition, and unfair or deceptive acts or practices in or affecting commerce; (b) seek monetary redress and other relief for conduct injurious to consumers; (c) prescribe trade regulation rules defining with specificity acts or practices that are unfair or deceptive, and establishing requirements designed to prevent such acts or practices; (d) conduct investigations relating to the organization, business, practices, and management of entities engaged in commerce; and (e) make reports and legislative recommendations to Congress. Given the above, I wouldn't be surprised to see either a class-action lawsuit or FTC rule that requires retailers to provide "durable" receipts, or some convenient substitute.
You are entitled to at least see, and probably get a copy of, any document you sign. If you insist, they will have to show you or give you a copy. It may well be that they are supposed to give you a copy even if you do not ask. But if you are going to insist, allow a bit of extra time at such appointments. If they describe the document, even in rather general terms, your signature is probably binding, unless they have significantly misrepresented the document. If they tell you it is consent to be treated and it is actually an agreement to purchase a timeshare, that would be fraud and the document would not be valid, but that would be very unlikely. There might be some provision that you do not like, but such agreements are usually fairly standard, and also usually not very negotiable if you want service at that office. Still, it is better practice to at least look over and get a copy of any document you agree to.
There is a form, which both parties to the sale sign. Note that it does entail paying sales tax. There are other aspects to the sale which reinforce the "It's not my car anymore" message, such as returning the plates and getting a receipt for the plates. Even doing the sale in a DMV lot would not help you.
You don't say what jurisdiction's patent laws you're interested in, and priority dates can differ in different schemes. I'm answering as to U.S. law only. In the United States, under the current hybrid "first-inventor-to-file" system, the priority date--the date that determines who "wins" if there are multiple claims to a specific invention--is, with some exceptions that I won't go into, the date of your first application. In other words, the date that the PTO got it in the mail. Once your application is submitted, it is--again, with some limitations I won't get into--prior art for the purposes of any later-submitted application. They can't get another application later, grant it first, and then deny your application based on the later-submitted application. Your application date would still win out. Could someone in the USPTO slip your application out of the stack, fudge the dates, and convince some other company to submit a similar application to get priority over you? Not as a practical matter, no. The USPTO isn't one guy in a room; it's a large organization, and the person who opens the mail, types in your application details, and sends you a receipt, isn't the same guy who knows whether your invention is any good or not. And, frankly, very few patentable inventions are going to be worth someone risking their job and/or jail time over--especially when there would be significant evidence of the misconduct--for example, your patent agent's files. So what are the chances that the examiner on your patent: 1) Is a nefarious character who has lived a life of public service long enough and wants to go rogue; 2) Has a friend in the mailroom who is also an expert in the field of your invention; and 3) Has a conduct in industry who is willing to break the law for the rights to your invention? Slim to none. And if you have an invention that is really so revolutionary that it's going to be worth so many people risking so much to steal it, odds are there will be other evidence that you were the inventor.
Point three should include "to the best of my knowledge and belief", or be modified to state that none of those "house or the adjacent shop" have informed the affiant of any such delivery, or delivered any such package to the affiant. It might add that the affiant had questioned such persons and they denied receiving such a delivery. The point here, of course, is to prove that the package was never properly delivered, no doubt in support of a claim on the delivery service. The ordinary assumption is that if a person in the "house or the adjacent shop" had accepted a package, it would normally have been given to the addressee at an early opportunity.
Consumer Protection In addition to whatever the provisions of the contract may be, consumer protection laws will apply to this transaction, and will override any contrary provisions in the contract. There are federal protections, mostly administered by the FTC. The State of California also has consumer protection statutes, the Unfair Competition Law (UCL), Consumer Legal Remedies Act (CLRA), and False Advertising Law (FAL). Contracts may not override these laws except where a specific provision permits such contract terms. Federal Rules The official FTC page &quot;What To Do If You’re Billed for Things You Never Got, or You Get Unordered Products&quot; states: The federal Mail, Internet, or Telephone Order Merchandise Rule applies to most things you order by mail, online, or by phone. It says: Sellers have to ship your order within the time they (or their ads) say — that goes whether they say “2-Day Shipping” or “In Stock &amp; Ships Today.” If they don’t give a time, they must ship within 30 days of when you placed your order. If there’s a delay shipping your order, the seller has to tell you and give you the choice of either agreeing to the delay or canceling your order for a full refund. If the seller doesn’t ship your order, it has to give you a full refund — not just a gift card or store credit. ... Disputing credit card billing errors within the 60-day dispute period By law, you have to dispute a credit card billing error in writing within 60 days of the date that the first statement that has the billing error was sent to you. Otherwise, you may get stuck with the bill. ... Disputing credit card billing errors after the 60-day dispute period ends What if you agreed to delivery on a date in the future that turns out to be more than 60 days after your statement showing the charge was sent to you — but the delivery didn’t arrive or you rejected it because it was not what you agreed to purchase? Can you still dispute the charge? You’re likely outside the protection of the Fair Credit Billing Act. Still, some credit card issuers may extend the 60-day dispute period when a shipment is delayed. Send a dispute letter to your credit card company. Include copies of any documents showing the expected and actual delivery dates, including any notice the seller sent you about the shipment delay. See also the official &quot;Business Guide to the FTC's Mail, Internet, or Telephone Order Merchandise Rule&quot; The actual Federal Mail, Internet, or Telephone Order Merchandise Rule is at 16 CFR Part 435; relevant parts of this rule provide: (435.1 (b)) &quot;Prompt refund&quot; shall mean: (1) Where a refund is made pursuant to paragraph (d)(1), (d)(2)(ii), (d)(2)(iii), or (d)(3) of this section, a refund sent by any means at least as fast and reliable as first class mail within seven (7) working days of the date on which the buyer's right to refund vests under the provisions of this part. Provided, however, that where the seller cannot provide a refund by the same method payment was tendered, prompt refund shall mean a refund sent in the form of cash, check, or money order, by any means at least as fast and reliable as first class mail, within seven (7) working days of the date on which the seller discovers it cannot provide a refund by the same method as payment was tendered; (§ 435.2) ... it constitutes an unfair method of competition, and an unfair or deceptive act or practice for a seller: (a) (1) To solicit any order for the sale of merchandise to be ordered by the buyer through the mail, via the Internet, or by telephone unless, at the time of the solicitation, the seller has a reasonable basis to expect that it will be able to ship any ordered merchandise to the buyer: (a) (1) (i) Within that time clearly and conspicuously stated in any such solicitation; or (a) (1) (ii) If no time is clearly and conspicuously stated, within thirty (30) days after receipt of a properly completed order from the buyer. Provided, however, where, at the time the merchandise is ordered the buyer applies to the seller for credit to pay for the merchandise in whole or in part, the seller shall have fifty (50) days, rather than thirty (30) days, to perform the actions required in this paragraph (a)(1)(ii). (a) (2) To provide any buyer with any revised shipping date, as provided in paragraph (b) of this section, unless, at the time any such revised shipping date is provided, the seller has a reasonable basis for making such representation regarding a definite revised shipping date. (a) (3) To inform any buyer that it is unable to make any representation regarding the length of any delay unless: (a) (3) (i) The seller has a reasonable basis for so informing the buyer; and (a) (3) (ii) The seller informs the buyer of the reason or reasons for the delay. (a) (4) In any action brought by the Federal Trade Commission, alleging a violation of this part, the failure of a respondent-seller to have records or other documentary proof establishing its use of systems and procedures which assure the shipment of merchandise in the ordinary course of business within any applicable time set forth in this part will create a rebuttable presumption that the seller lacked a reasonable basis for any expectation of shipment within said applicable time. (b) (1) Where a seller is unable to ship merchandise within the applicable time set forth in paragraph (a)(1) of this section, to fail to offer to the buyer, clearly and conspicuously and without prior demand, an option either to consent to a delay in shipping or to cancel the buyer`s order and receive a prompt refund. Said offer shall be made within a reasonable time after the seller first becomes aware of its inability to ship within the applicable time set forth in paragraph (a)(1) of this section, but in no event later than said applicable time. There are further provisions which deal with the situation where a delayed order is further delayed, and what consent the buyer may have already given to any delay. In short, where the seller is unable to meet its estimated time for shipment of the order, the seller must promptly inform the buyer, in no case later than the original estimated shipment date, and must offer an option to cancel the order. Unless the buyer explicitly consents to the delay (definite or indefinite) the seller must send a prompt refund, which means within 7 working days. No contract purporting to waive or modify these rights is valid or enforceable on these points, although if the initial order explicitly states that the date of shipment is indefinite, and the customer agrees to this, no shipment date can be enforced under this rule. California Laws California Civil Code section 1723 requires that a retail store selling goods allow returns or exchanges for at least 7 days, or else prominently post its actual policy. But that does not apply to goods ordered for later delivery. The California Business and Professions Code section 17500 makes it unlawful for: any person, firm, corporation or association, or any employee thereof with intent directly or indirectly to dispose of real or personal property or to perform services, professional or otherwise, or anything of any nature whatsoever or to induce the public to enter into any obligation relating thereto, to make or disseminate or cause to be made or disseminated before the public in this state, or to make or disseminate or cause to be made or disseminated from this state before the public in any state, in any newspaper or other publication, or any advertising device, or by public outcry or proclamation, or in any other manner or means whatever, including over the Internet, any statement, concerning that real or personal property or those services, professional or otherwise, or concerning any circumstance or matter of fact connected with the proposed performance or disposition thereof, which is untrue or misleading, and which is known, or which by the exercise of reasonable care should be known, to be untrue or misleading This would include advertising a shipment date which was not reasonably achievable, and which the seller knew or should have know was likely not to be met. The California Civil code section 17770 makes unlawful: (10) Advertising goods or services with intent not to supply reasonably expectable demand, unless the advertisement discloses a limitation of quantity. This may not apply to the fact pattern described in the question, depending on what the seller knew and when.
There is no law against a person creating and distributing such a poster, to the best of my knowledge. However such a poster pretty clearly implies that the person shown is guilty of a crime, or at least strongly suspected. If the store somehow made an error, pulling the image of a person who did not use the stolen card or there is some other error, the person pictured might well suffer a significant loss of reputation, and might sue for defamation. Damages could possibly be significant. Such suits have, I believe, happened when surveillance photos were posted but there later proved to have been an error. Mary might wish to double check how sure the store is that the photos are of the person who actually used the stolen card.
Please note that I'm not a lawyer. If you need specific legal advice, please consult a qualified attorney. Every time someone buys an item from someone else, there's at least an implied contract of sale where the seller of the item agrees to give the buyer the item to be purchased in exchange for a sum of money or other object of value which the buyer agrees to pay as consideration. Generally, in an online purchase, a contract of sale is completed when payment is made and the product has shipped. If the seller fails to provide the item you intended to buy after you make your payment, that's a breach of this contract of sale as the seller has failed to execute their end of the contract. I seriously doubt a "no refunds" policy would excuse the vendor for breaching the contract of sale. If you cannot resolve the issue with the vendor, then your best bet is to initiate a dispute through your credit/debit card issuer.