I guess it all depends on what the item is, what was said, and how far it was misrepresented. A guy in the elevator at my work delivering a pizza told me it was "the best pizza downtown." While I was familliar with their pizza and it is very good; I knew of one place downtown with better pizza.
If it was a cell phone battery and the person said it had a 8 day life, and you found it only lasts 6 days, that might fall into "your mileage may vary."
If it was something illegal; like say a satellite box designed to get you all the PPV's for free and it doesn't work; a contract for something illegal has zero recourse.
Or is it something that was supposed to help, but not in a way that can be measured? Let me use an example- I bought one of those cell phone boosters once off eBay; thinking there was no way it could work. To my suprise, my dropped calls went from one or two per day, to one per month. I even found I could use the phone in the C-train tunnels. So I went and bought a whack of them, and sold them at my work. I ran out, and it took 3 weeks to get my next supply in.
When the next batch came in, almost everybody (about 80%) who had bought one from me before bought at least 2 more for friends and familly. One person from the first batch emailed me and said I shouldn't be selling them; they don't work. I offered to give her money back to her if she wasn't happy, but she insisted that I stop selling them. I refused, she posted something nasty on the bulliten board about me and my product, and everybody who bought them from me replied back. Everybody got in trouble, but I was able to keep selling the boosters.
Sorry for the long example, but that is a case where somebody doesn't think it was working; but may not have been using it properly, may not have noticed that it was working; or it may be only working a bit; not so much that she would notice. And without knowing what it is you bought, and what it isn't doing, it's had for us to determine if something is a scam or not.
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