When a product arrives broken or isn't what you ordered, you're not relying solely on retailer goodwill. Several layers of law work in your favor.

Implied warranty of merchantability is a baseline protection under the Uniform Commercial Code (UCC), which has been adopted in some form by every US state. It means that any product sold must be fit for its ordinary purpose. A blender that arrives shattered or a jacket sent in the wrong size fails this standard — regardless of what the retailer's fine print says.

The Fair Credit Billing Act (FCBA) is your financial backstop. If you paid by credit card, you have the right to dispute a charge for merchandise that was not delivered as described. Your card issuer is required to investigate and can reverse the charge. This applies to wrong items and significantly damaged goods.

For products that come with a written warranty, the Magnuson-Moss Warranty Act governs what sellers must actually honor. See our full breakdown of Magnuson-Moss protections for what this federal law requires of sellers.

60 days

FCBA credit card dispute window

Under the Fair Credit Billing Act, consumers generally have 60 days from the statement date to dispute a charge for merchandise not delivered as described.

~$2,500–$10,000

Typical small claims court dollar limits

Most US states cap small claims court filings between roughly $2,500 and $10,000, making it accessible for mid-range consumer disputes without an attorney.

50 states

States with implied warranty protections

Every US state has adopted some form of the Uniform Commercial Code, which includes the implied warranty of merchantability covering goods sold to consumers.

Your First Steps: Document Before You Do Anything Else

Strong documentation is the difference between a resolved dispute and a dead end. Before contacting the retailer, take these steps:

  • Photograph everything immediately — the exterior of the box (including any shipping labels and damage), the item as it was packed, and the damage or wrong product itself.
  • Keep all packaging materials — retailers and carriers often require them to process a damage claim.
  • Note the delivery date and time — this matters for return windows and dispute deadlines.
  • Save all order confirmation emails, tracking information, and receipts — these establish what you ordered and what you paid.

Send your complaint to the retailer in writing — email or a documented chat session — rather than by phone. Written records create a paper trail that is far more useful if the dispute escalates.

Send Every Complaint in Writing

Phone calls are easily forgotten or disputed. Email or documented chat creates a timestamped record of what you reported, when, and what the retailer said in response. If a dispute escalates to a chargeback or agency complaint, this paper trail is your most important asset.

Working with the Retailer: What to Ask For

Contact the retailer's customer service with a clear, factual description of the problem. State what you received, how it differs from what you ordered, and what remedy you're requesting. Most retailers will offer one of three options:

  1. Full refund — typically including return shipping costs when the error or damage is the seller's fault.
  2. Replacement shipment — a new unit sent at no charge, often with a prepaid return label for the original.
  3. Partial refund or store credit — sometimes offered for minor damage; you are not obligated to accept this if it doesn't fairly compensate you.

If the retailer's response doesn't resolve the problem, ask to escalate to a supervisor and reference your legal rights under the FCBA or applicable warranty. Keep a record of every interaction, including agent names and dates.

For a broader view of how protections differ between online and in-store purchases, see how your consumer rights differ by purchase channel.

Escalating the Dispute: Credit Cards, Agencies, and Beyond

If direct negotiation fails, you have structured escalation options that carry real weight.

Credit card chargeback: Contact your card issuer and initiate a dispute under the FCBA. You generally have 60 days from the statement date. Provide your documentation — photos, written communications, and proof of purchase. The issuer will contact the merchant on your behalf and can reverse the charge if the merchant cannot demonstrate proper delivery.

Consumer protection agencies: Filing a complaint with the Federal Trade Commission, your state attorney general's office, or the Consumer Financial Protection Bureau creates a formal record and can prompt resolution. Our guide on which agency handles which type of complaint explains where to direct specific disputes.

Small claims court: For unresolved disputes involving meaningful dollar amounts, small claims court is an accessible option that doesn't require an attorney. Learn what to expect before filing a small claims case.