Knowing state's Lemon Law can save you time and frustration

By Mitch Lipka, Globe Correspondent  |  August 10, 2008

Q: I purchased a bag of lawn fertilizer from my local Wal-Mart and was charged sales tax. I sent an e-mail to Wal-Mart. They responded that I should not have been charged the sales tax. Now, more than three weeks later, they are still charging a sales tax that they admit is incorrect.

I did e-mail them again to point this out and the response was vague as to when and if this will be corrected. I hope you can help in making them correct this situation because it is affecting many unsuspecting Wal-Mart customers.
Richard P. Brown, North Reading

A: It was no easy feat, but Wal-Mart Stores Inc. both explained what happened and said it has taken care of the situation. A spokeswoman at the company's Bentonville, Ark., headquarters acknowledged the error and said that the situation dragged on for longer that it should have.

The computers that provide the prices to cash registers at Wal-Mart (and other big retailers, for that matter) are programmed to account for local peculiarities in sales tax. The one that was overlooked in this case was, as you noticed, that sales tax shouldn't be charged for fertilizer in Massachusetts.

Wal-Mart spokeswoman Ashley Hardie said some internal miscommunication following the reporting of the problem caused a delay in correcting the mistake.

"We are committed to accuracy and want to make sure every customer is charged the right amount," she said. "On rare occasions, a programming error can or will happen."

She said the company doesn't keep those extra sales tax collections. The money is sent to the state.

Hardie said Wal-Mart appreciates when customers report problems to them that need to be corrected.

"It is our goal to resolve any customer inquiry as quickly as possible," she said.

Lemon Law
Several readers have raised questions about a consumer's rights after the purchase of a car. So, here, in a nutshell, is how the Massachusetts Lemon Law works.

First, the law only applies if you have a car less than a year old with fewer than 15,000 miles. It must have problems that affect the vehicle's use, safety, and value. The manufacturer or dealer is allowed three tries to fix the problem, or until the car has been out of service for 15 days. If the problem continues, you have to give the auto maker one more chance. They have up to seven business days to remedy the problem. If they fail or refuse, you can demand (by certified mail) a refund or replacement. If they don't comply, an arbitration process begins. For more information, click on the Lemon Law link at www.mass.gov/oca.

HAVE A CONSUMER QUESTION? E-mail questions to consumer@globe.com.