PENNSYLVANIA RECORD

Popular online and television retailer QVC wants a full cash refund of more than $95,000

for unsold electronic devices that have been returned to its manufacturer, according to a federal suit filed at the U.S. District Court for the Eastern District of Pennsylvania.

The West Chester-based company claims that Net Talk.com, Inc., violated the terms of its purchase agreement by denying the full refund to QVC. The complaint says that representatives with QVC contacted the tech company about the refund, but never received a response. The refusal to furnish the refund has unjustly enriched Net Talk.com, the suit says.

According to court documents, in October 2011 QVC placed an order for 2,820 units of the netTalk DUO Device, a portable digital phone device that allows users to make calls over high-speed Internet using a standard home phone.

When the purchase order was completed, the terms and conditions provided QVC the ability to receive a full, 100 percent refund or credit for the return of any products that could not be sold during normal business operations, the plaintiffs claim.

In July 2012, QVC packaged and shipped to Net Talk.com, Inc., 2,710 unsold units of the DUO device, expecting to receive a full refund of $95,798.50. The plaintiffs claim that Net Talk.com, Inc.'s refusal to remit payment violates the terms and conditions of the purchase order, and that QVC is entitled to damages in the amount of the full refund.

The plaintiffs are represented by Nathaniel Metz of Saul Ewing, LLP in Wayne, Pa.

The federal case ID number is 2:14-cv-04406-LS.