What can be done about a company selling defective products?
February 14, 2018 4:22 AM   Subscribe

I bought some double-walled insulating mugs. Two of them have failed in the same way -- the plug between the two walls fails, allowing liquid to get trapped. I contacted the company, and they told me it's a known defect, but their solution is to replace failed cups with more of the same, while also continuing to sell the same cups. Is there anything an irritated customer can do?

The company has discussed the defect with their manufacturer, but it isn't resolved. They offer to replace mugs each time one fails -- either with an identical one or with other colors/images that haven't gotten complaints. But it's likely random which cups have gotten complaints: they only differ in color/image, and all share the same manufacturing.

Are there any regulations that keep companies from selling defective products, and/or obligate them to offer refunds? If the product was expensive, ubiquitous, or dangerous, I imagine a class-action lawsuit might come into play. But when they're just cups, is it all up to the goodwill of the company? I haven't been able to get referred up the chain beyond QA, and I barely have a social media presence. Are there actions I can take?
posted by daisyace to Grab Bag (6 answers total) 1 user marked this as a favorite
 
Response by poster: (If this question looks familiar, it was reworked with the mods from yesterday's attempt.)
posted by daisyace at 4:23 AM on February 14, 2018 [1 favorite]


Are there any regulations that keep companies from selling defective products, and/or obligate them to offer refunds?

Almost every company sells defective products - the only question is what percentage of their products are defective.

In your case, you had a product failure, you reached out to the company, and they quickly offered a complete replacement at no cost to you, without any objection. That's a great response from them.

The company has discussed the defect with their manufacturer, but it isn't resolved.

This isn't like a part wasn't included in the packaging. Something's not working right - that's not necessarily a quick thing to identify or fix. Every replacement is costing them money and reducing their profit. They likely want this fixed more than you do.
posted by NotMyselfRightNow at 4:59 AM on February 14, 2018


What is it you're looking for? Do you want a refund? Do you want them to make you a better cup? Or maybe you're just frustrated at the existence of bad design and want them to change it?

Have you considered doing some external communications? I got a quick and thorough response from Comcast many years ago when I publicly shamed them for the worst call center/customer service I've ever received. Suddenly I became a public relations problem, and my problems became mysteriously and magically important to people. Consumerist has a decent "Write a Complaint Letter" guide.
posted by answergrape at 6:42 AM on February 14, 2018 [1 favorite]


I've had some a similar failure with cups from an entirely different class of merchandise. It was clear to me from googling that other customers experienced the same issue and the company was responsive in replacing them for free. However, they didn't recall the products because they weren't dangerous, just badly manufactured.

The company eventually reduced their inventory and stopped selling the cups entirely, after explaining to customers that they couldn't get them manufactured up to their and their customers standards at this time.

It's likely the company you're dealing with is in a similar predicament: a lot of inventory, but not a whole lot of options until that inventory is depleted. That inventory is going to be depleted by sales and by people complaining and receiving a replacement. Sounds like they're doing the best they can.

If you want to try to help things along, you can create posts in appropriate places that let people know that company X offers free replacements of the cup when it fails along with their contact info. That would help the random consumer if they do a search, as not everyone thinks to contact the company.

If you want to give suggestions to the company directly, you can ask them to include a leaflet in their packaging stating something like "Free replacements offered!" and let them know that it would be such a good customer service win for them as they would win brand loyalty in the long run.
posted by vivzan at 6:47 AM on February 14, 2018 [3 favorites]


Get a refund from the retailer, your Credit Card provider, or just come to terms with the fact that you bought a lemon of a cup and move on with your life.
posted by Geckwoistmeinauto at 8:25 AM on February 14, 2018 [2 favorites]


I nearly crashed my Chevy Spark EV when the brakes failed (like the master cylinder ruptured). I was able to find several NHTSA reports of exactly the same failure, videos of it, and multiple fatalities linked to the failure. The dealer, GM customer service, and the GM Executive response team all basically said "Too bad; we don't care, we fixed your car but we won't buy it back."

I can't imagine you'll get better traction from a cup company.

Sometimes moving on from negative things we can't change is the healthiest thing to do.
posted by MonsieurBon at 3:57 PM on February 14, 2018


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