Can I file a small claims suit against Walmart.com for refusing to accept a return on a used laptop they sent?

I bought a laptop from Walmart.com and they are refusing to accept a return because it’s been more than 14 days (but less than a month). The main issue I have is that they sent me a used laptop when I was suppose to get a brand new laptop. The laptop contains more than a hundred pictures of the previous owners. I asked for the supervisor but she was no help either and suggested that I call Sony.
They sent me a used laptop, to me, that’s lying to their consumers. And I also feel that they violated the previous owners’ privacy by not deleting the hard drive and publicly sent their private pictures to random people.
The wireless connection on that computer also stopped working a few days later. The great customer service manager from Vernon Hills, IL advised me to contact Sony because they were the ones who sent that laptop to Walmart with those pictures. I asked her how she was sure of the laptop’s history, she said because they send customer returns, with a hard drive, back to manufacturers and they do not restock them. So whatever the manufacturer sends them back is what they sell again. So basically she was trying to say that they just have the manufacturer reset the electronics (somehow, Sony missed to clear the hard drive)? I have heard from some Walmart employees that they put back some of the returned electronics on the sales floor.
So basically, having called the online’s customer service and store’s customer service, I was told that it’s not their problem anymore because the 14 days had past, even though they violated my consumer rights of not getting what I paid for, which is a brand new computer and the privacy of the previous laptop’s owners. They also slandered Sony by placing the blame on them without any proof. Please help.
I want the brand new laptop I paid for and not a used one. They also have to take responsibility on people’s privacy. I feel bad for the previous owner’s privacy. And I surely will get upset if my little daughter’s pictures were sent out to strangers because Walmart didn’t follow the proper procedure in handling electronics returns.
@Destiny,
I have called Walmart.com and spoke with a supervisor there and also called the nearest Walmart store and spoke with the customer servicer manager.
@vet’s daughter,
The laptop came to my home sealed and flawless. Days later, the wireless stopped connection to my home network. And a day or two later, I saw the pictures. I lost track of the time frame because I was trying to find a way on how I can get Walmart to take responsibility on how they restock their products and use better quality inspection, especially electronics, by filing a complaint @ consumercomplaints.com but no lawyer contacted me. Today, when both an online supervisor and store manager refused to even acknowledge the fact that what happened is unacceptable and did not take responsibility of the issue and even slandered Sony, I thought that was very, very low. To me, it reflects on Walmart’s quality of consumer safety and satisfaction. Better training and quality control is needed, in my opinion.
@lilloric,
Thank you.

stores take exchanges.go into a store and ask to talk to a manager.make sure people hear why you want to return it.they did this once before with a ds game
http://www.geek.com/articles/games/dsi-purchase-from-wal-mart-contains-nothing-but-rocks-20090430/
if you pitch enough of a fit in store they should exchange it.as for the small claims court i don’t know.what i do know is the mother of that boy went to the press and they picked up on the story and forced walmart to make it right maybe you should try the same

This entry was posted on Tuesday, March 23rd, 2010 at 2:25 am and is filed under Used Laptop Computer Sale. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.