Consumer rights - USA - where to turn to?
 

Hi there,

As the title suggests, where could I turn to if I'm having no luck with resolving an issue with a US based company. It is regarding unjustified (according to me) charges for an online subscription to a service. The company is refusing to give me a refund.

I don't know how it all works in the US so please guide me to the right organisation. Thanks

I don't think anyone here is qualified to give legal advice. However, you should probably call the credit card company and have them stop payment and dispute it.

Hi,

It's not about giving specialised legal advice. I have little idea about legal things but I know where to turn to in the UK where I live if I had a problem like that. Relevant consumer rights groups would either deal with it or signpost me somewhere else. The problem is that I don't know the first thing about the US market and the company is based there.

The only thing I found by googling was:
https://www.usa.gov/consumer-complaints

but I would like someone from the US to confirm that's the best way.

It's not a credit card - it's a debit card registered with Paypal. I've cancelled the service now but I believe they should give me a refund for the last 2 months. It's not a lot of money but why should I let it go?

I have found this:
https://www.usa.gov/state-consumer

State Consumer Protection offices - what if you're from outside of US?

usa.gov is a good place to start. The Better Business Bureau is also a reputable organization, though they are a volunteer association with no enforcement powers other than the power of good will.

You might also research television stations in the company's home city. Many US local TV stations have consumer affairs reporters that thrive on embarrassing bad actors on the air. There's no guarantee that they would take your case, but it can't hurt to try.

Good luck.

Thank you.

Boils down to whether or not you want to just file a complaint or drive a point home to some company. And there are few guarantees, the US better business bureau is about fair practices in merchants, however if this is merely a dispute about goods or services not delivered and your desire to obtain a refund, then there are several levels, #1 was already stated:Level #2 is to file a lawsuit, what we usually call small claims court. This would be very difficult given that you're not local and it would be nonsense to do something like hire a US lawyer to reclaim a refund that may not be some huge dollar amount (I have no idea, but just a guess). Higher levels do involve the attorney general, or other law enforcement agencies, because it may be something as bad as fraud, however you'd have to have some strong proof. Either case, if it were that bad, I'm suspecting, only a guess, that the law agencies would care more about catching and punishing the perpetrators and less about restitution, because from their view, proven wrong is proven wrong and that allows you to then go to court more easily and file a claim. The harder part there is if a person or company is guilty of large fraud, then there are a ton of claimants against them.

Sorry. No legal expert either. If you paid by credit card, and it has been less than 30 days, a written complaint to your credit card company should cause them to deny payment for the most recent charge(s) and for any future charges. You may have lost money over several months, they probably won't help you much there, but ask them. The real manner would be a claim in court. As I've already said, given your location, you'd either have to travel here to accomplish that or hire a local attorney to act on your behalf. If this is like $50 then the cost of an attorney would likely be way more than that. I'd probably hire a local attorney if I were trying to reclaim something in excess of $1000 and felt I had a valid argument.

Pessimistically speaking, you threaten the Better Business Bureau against some company which is doing shenanigans against you about a subscription, they'll probably laugh a bit, if they're mainly legitimate then their business dealings are generally lawful and in order, they won't be worried much about you complaining. As I say, you're better of asking them for a refund and ensuring that they cannot take any future payments from you.

Start by disputing the credit-card charge with the bank. This will "claw back" the money from the vendor until the matter is resolved.

Second, send a registered letter, return receipt requested, to the vendor, clearly stating (a) the facts of the case (as you see them); (b) why you feel that the charges are unjustified; (c) exactly what correspondence or telephone conversations (provide details!) have taken place up to this point; and (d) closing with a "demand" for the resolution that you seek. State also that you demand a personal, written reply within fifteen days of receipt, and to which address the reply is to be sent.

That will get some attention. Now, wait thirty days. The law is always on the side of the consumer, whether or not you are a citizen or resident of the United States.

In your letter, make it clear that you require a personal response, and invite the vendor to provide you with any reason why they feel that you are in error and that you do, in fact, owe them the money. Show clearly that you are attempting to be reasonable, that you believe that a mistake has been made, that you are writing in an attempt to timely resolve that mistake. Reinforce that you are willing and able to pay the money, if it can be shown that you are in error, and that in any case your only intention is to resolve the matter in favor of whichever party is legitimately correct. (After all, the vendor in a fair and correct business deal has a right to be protected, too.) Judges (and banks) look closely at such things.

Keep a copy of the letter. Create a file (paper file) of all correspondence. If you made cell-phone calls, obtain copies of all cell-phone call records (from the phone company), highlighting the numbers that you called with regard to this matter. Whether the matter ultimately comes before a judge (unlikely), or the matter stops with the bank's resolution team, your "due diligence," ability to provide evidence, and attention to detail will be most important.

Small-claims court is the final arbiter of these disputes, and they must serve both sides. However, it is rarely in the best interest of any vendor (or consumer, for that matter) to let things get that far. Even if you are not a US citizen or resident, this court is available to you.

Thank you guys. As I said, it's not a CREDIT card so I can't claw back the money, can I? As I previously mentioned, the disputed amount is small so I'm not going to go to court with that. What I am going to do, though, is write a letter, as suggested, and try to show them how, according to me, their information on the website is misleading.

You said it's a debit card. Same thing. Contact the bank which secures the funds for that debit card and ask them what, if any grievance procedure they can do for you regarding a situation where you feel there is a dispute and you a requesting a refund where the vendor is not yet honoring your requests.

Why not just open a dispute with Paypal? They're pretty serious about protecting buyers rights.

Actually, why not? I will try the bank and Paypal... Thanks.

Thanks guys. They have decided to refund it without me doing any of the above things. I'll keep in mind the above for the future.

"The squeaky wheel gets the grease."

Perhaps they caught wind of the fact that you've been talking about it publicly, and might start naming names . . .

First phrase, yes.

Second phrase, really doubting that. I'm just cynical about some stuff. And I think it's more just that the OP finally reached the right person, as well as a person of the correct, helpful mindset. Timing and approach, as well as the demeanor of the person on the other side of the connection helps.

Glad that the company made a decision which results in you being satisfied.