Consumer Protection Law
Consumer Protection Law Questions? Ask a Lawyer Now.
There is nothing in the Truth in Lending Act that provides any regulation over the timing of a balance transfer. Every credit card agreement that I have ever reviewed states that the cardholder cannot depend upon the transfer until it is actually completed. Thus, the contract would control the rights and duties of the parties.
To the extent that the money was actually transferred, then the transfer is complete and you cannot reverse it.
I must admit that I don't entirely understand your facts, because it's not clear to me how you are damaged here. That's generally the critical issue in any legal action, i.e., a person who suffers no injury, other than annoyance, has no cause of action.
So, how has this transaction, or the failure thereof, actually harmed you?
Terms and Conditions: By your continuing in this conversation with me, or by your clicking “Accept”, you are expressly agreeing to all of the following: (1) our communication is for entertainment purposes only; (2) you are not consulting me in my professional capacity as an attorney; (3) you do not seek to establish an attorney-client relationship with me, nor do I with you; (4) you will not rely on anything I say and you will obtain appropriate legal counsel via a traditional/office consultation with an attorney licensed to practice in the jurisdiction where your legal issue arises (and you may not use our communication to avoid taxpayer penalties imposed by the U.S. Dept. of Treasury); (5) by communicating with me in this public forum you are irrevocably waiving any right to privacy, confidentiality and attorney-client privilege concerning the matters discussed. You further separately declare that any payment made by you is not consideration for this contract, nor offered for any services rendered by me on your behalf, but rather is made in genuine admiration and respect for my desire to help others. If you do not agree with these terms and conditions, then you must advise me immediately.
If you plan to sue for an injury, you must be able to describe damages which are foreseeable, unavoidable, causal and certain. Nothing in your stated facts, demonstrates any injury in fact, caused to you by some defendant, for which a court could provide a remedy.
So, my question is: "How have you been damaged in this transaction?"
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).