Jan 8, 2025
Gene DeSantis of Park City, Utah, wanted to watch the New York Mets, but his 70-inch television was acting up. So, he went to get a replacement. After a run-in with Walmart employees, however, he says officials from the Summit County Sheriff's Office arrested him, recorded his fingerprints and scheduled him for a court date.
“I did not believe that I would be arrested for replacing a defective TV,” he told ABC4 in a story broadcast Dec. 16.
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DeSantis, a former consumer lawyer, says he purchased a big-screen television from Walmart nearly a year ago. At first it worked fine, but after a while he claims it began to glitch, with the image flickering on and off.
Frustrated, he went to the store, where employees instructed him to call the company’s customer service number. According to the local broadcaster, he was emailed a copy of his receipt and told to take it and his TV to the store for a replacement. Staff urged him to hurry, as the device's warranty would soon expire.
“So, I went to the store with the television and with my receipt, and then the problems all began,” he said.
Problems at the store
With the receipt in hand, DeSantis headed back to Walmart to exchange the glitchy television. But he says employees were unable to scan the receipt and they informed him returns had to be completed within 30 days of purchase. He explained that this was not a return but a warranty claim.
From there, DeSantis says he received conflicting instructions from different employees about what to do with the TV. He was told to take the issue up with the TV’s manufacturer, ONN — which is Walmart’s in-house electronics brand.
“It’s their manufacturer. It’s their brand. It’s literally a Walmart-branded product,” DeSantis said. “So, telling me to take it up with ONN, one-on-one, when this is specifically for Walmart is ridiculous.”
After a while, one store manager eventually helped him get a new TV. But as he exited the store, another manager stopped him. DeSantis says this manager threatened to have him arrested for theft if he left the store with his replacement TV.
DeSantis left the store. An hour later, he says, authorities showed up at his door. The Summit County Sheriff's Office told ABC4 they're obligated to respond and investigate reports of theft.
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“In this particular situation, these things can take time when one person is saying one thing and someone else is saying something else,” Sgt. Felicia Sotelo told the broadcaster.
Authorities ended up dropping the case, and DeSantis was given a full refund, according to ABC4.
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How to avoid similar issues
DeSantis believes the problem stemmed from confusion among employees about whether he was making a return or warranty claim. Either way, the retired consumer lawyer says stores are obligated to sell you a product that works.
“If you buy a toaster, it’ll toast. If you buy a blender, it’ll blend. And if you buy a TV, it will have picture and sound and it won’t cut out 10 times in a four-minute period. Those are defects, and if an item is defective, the store should replace it,” DeSantis said.
There are several steps you can take to protect your rights and ensure a smooth warranty claim process. The Federal Trade Commission advises consumers to carefully review the reputation of the company offering a warranty, especially if they pay extra for it. Note how long the warranty lasts and what it covers, as not all warranties cover all situations. If a salesperson makes a spoken promise, such as free repairs, be sure to get it in writing.
Laws in each state also create “implied warranties” that cover almost every purchase. This commonly means a product will do what the seller says it’s meant to do — as described by DeSantis above — and a product will do the job a seller advises it will do.
Make sure you have the warranty in writing and keep the receipt, especially if it’s a big-ticket item. If the store does not honor your claim, try taking it up with the manufacturer. And if all else fails, consider filing a complaint with state and federal consumer agencies.
Luckily for DeSantis, although things may have escalated higher than normal, the matter was eventually settled. In response to ABC4’s request for comment, Walmart shared: “We want everyone to have an enjoyable shopping experience at our store. We are constantly reviewing our processes and are glad this matter was resolved.” DeSantis urges other consumers to advocate for themselves if they face a similar situation.
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Danielle is a personal finance writer based in Ohio. Her work has appeared in numerous publications including Motley Fool and Business Insider. She believes financial literacy key to helping people build a life they love.
