Neiman Marcus Sued for Not Refunding Purchases

By Edward Tan, JD on June 05, 2012 | Last updated on March 21, 2019

Shopping never looked more scandalous. A woman has filed a lawsuit against Neiman Marcus after the luxury store refused to take back $1.4 million worth of merchandise.

Patricia Walker was showered with gifts from her then-husband Robert Tennison. Walker was bedridden at the time after surviving a car accident in 2007, ABC News reports. Tennison allegedly made the purchases at the retailer's Dallas location using Walker's account.

Unfortunately, Tennison was also reportedly carrying on an affair with Walker's Neiman Marcus personal shopper, Favi Lo. Walker wasn't aware of it until later. So why wouldn't the chain take the purchases back?

Apparently, when Walker requested the return, the store sent employees to look at the items, but didn't take them back. The retailer didn't tell her why either, Walker's attorney said.

Retailers are generally free to set their own return policies. Typically, only implied and express warranties guarantee when a product will be taken back.

Implied warranties are automatic and come in two varieties: merchantability and fitness for a particular purpose. In essence, both imply a promise by the retailer that a product will work as it's supposed to or in a way as advised by the seller, respectively.

Express warranties are written or oral promises made by the retailer. For example, "this radio is completely waterproof."

Neiman Marcus is known for its generous return policy. Generally, it only requires products be in the same condition as purchased and with its original packaging.

Neiman Marcus declined to comment on the lawsuit, citing the ongoing litigation, ABC News reports. Lo was also unavailable.

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