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Report: #624800

Complaint Review: Skirmish USA/ Paul Fogal - Internet Internet

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  • Reported By: Tera122 — Salem New York United States of America
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  • Skirmish USA/ Paul Fogal 1519 State Route 903 Internet United States of America

Skirmish USA/ Paul Fogal Company president violates PA consumer rights to rescission laws! Refuses refunds. Internet

*Consumer Comment: Not a very good consumer advocate

*Consumer Comment: Consumer Advocate?

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I had a great time at D-Day this weekend, however one incident really bothered me. My boyfriend and I purchased a case of paint on Saturday night in the anticipation of needing more in the last three hours of the night game. It turned out we didn't need the paint and never opened the case. On Sunday, we decided we wouldn't participate in the morning games either. We didn't need the NEW/ UNOPENED case and went to return it.


My boyfriend went up to the counter with the paint and was told he couldn't return it. He then asked for a manager or supervisor and the man at the Skirmish booth claimed he was the owner, wouldn't identify himself (give his name), and again stated it couldn't be returned. My boyfriend, being a consumer advocate, then cited the PA consumer laws on the 3 day right to rescission and our right to a full refund. At this point the "Owner" told my boyfriend that he could to take him to court.


I thought it was weird how this guy obviously has no idea about how business law operates in his home state. Not only was it just poor "will" on this guy's part. I mean he obviously made a killing on this event. But, now he will have to give us a FULL refund and pay a maximum of a $ 3,500 fine for violating PA consumer law and it's not us taking him to court! The Attorney General of PA is. Why? I can only assume it was because he thought he could "bully" us into giving up our rights as consumers.


Guys and Gals, remember your rights! If owners think they can get away with violating their state laws, bring a copy of the state's rights to rescission laws from that field's state. They are available on the internet and every state allows for at least a three day "Cooling off period" after making a purchase.


Think about it, if you can take a bite out of a hamburger and then bring it up to McDonald's front counter and request an exchange or full refund and get it, why can't you do it with un-used/ still sealed paintballs? d**k's Sports follows the law and allows returns.....

This report was posted on Ripoff Report on 07/19/2010 12:31 PM and is a permanent record located here: https://www.ripoffreport.com/reports/skirmish-usa-paul-fogal/internet/skirmish-usa-paul-fogal-company-president-violates-pa-consumer-rights-to-rescission-laws-624800. The posting time indicated is Arizona local time. Arizona does not observe daylight savings so the post time may be Mountain or Pacific depending on the time of year. Ripoff Report has an exclusive license to this report. It may not be copied without the written permission of Ripoff Report. READ: Foreign websites steal our content

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#2 Consumer Comment

Not a very good consumer advocate

AUTHOR: Flynrider - (USA)

POSTED: Monday, July 19, 2010

"My boyfriend, being a consumer advocate, then cited the PA consumer laws on the 3 day right to rescission and our right to a full refund."

   If your boyfriend were a real consumer advocate, then he probably wouldn't have tried to bamboozle the owner with such a line.    If you think that PA's right to rescind means you can return anything within 3 days, you need to get a new boyfriend.  That's not even remotely how it works.   Obviously the business owner knew that and told you to go pound sand.   He knew that you'd be laughed out of court trying to back up such a notion.  Trying to intimidate someone into doing what you want by citing non-existent law will almost always backfire. 

   If you buy a common consumer item from a business in PA that has no return policy, it's yours.

   PA's right to rescind only applies to a few types of contracts and the length of time varies depending on the type of contract, from 3 to 5 days. 

"If owners think they can get away with violating their state laws, bring a copy of the state's rights to rescission laws from that field's state."

  Had you followed your own advice, you would have saved everyone involved a lot of time.

They are available on the internet and every state allows for at least a three day "Cooling off period" after making a purchase."

   The Attorney General of Pennsylvania (and most other states) would likely disagree with you. 

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#1 Consumer Comment

Consumer Advocate?

AUTHOR: Robert - (U.S.A.)

POSTED: Monday, July 19, 2010

I really hope that your boyfriend has another job as he is not doing so well as a "Consumer Advocate".  Perhaps he should actually review at the PA law.

http://www.attorneygeneral.gov/consumers.aspx?id=294

As he will see the "Right to Rescind" is very limited, generally involving contracts entered into at your house or things such as Health Clubs or Timeshares.

Since I don't think you bought the paint at home you are subject to their return/exchange policy.  If it is their policy to not allow returns then..sorry no returns

My boyfriend, being a consumer advocate, then cited the PA consumer laws on the 3 day right to rescission and our right to a full refund.

- Now if by chance there are other laws on the books that would apply, PLEASE post them here as that I am sure it would be good for everyone.

Think about it, if you can take a bite out of a hamburger and then bring it up to McDonald's front counter and request an exchange or full refund and get it, why can't you do it with un-used/ still sealed paintballs?

- Because most likely McDonalds made a mistake and that is part of their policy.  And has nothing to do with any 3-Day recision law.  Unless of course you think that someone could come back 3 days later and request a full refund as well.  But if the policy of the merchant is No Refunds..then No Refunds.

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