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JBaxLaw
JBaxLaw, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 11298
Experience:  Wide experience in consumer rights law.
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Customer Question

what is the law regarding refund from a service vendor for services ordered from a credit card comppany?
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  JBaxLaw replied 1 year ago.
Hello,

I am a professional here to assist you. I appreciate your use of this service.

Please provide more details. What type of service was this? Was the service performed? Did you order at a store front location or from your home via the phone?

Thank you
Customer: replied 1 year ago.

I ordered a real estate course from the organisation of Dean Graziosi- He advertises profusely on TV His e-site is deangraziosi.com . He operates through a Corporation by the name of PMI EDU Center LCC located in Lehi,UT 84043. The program I suscribed to is called DEAN INNER Circle.


the cost was $3275. I ordered the course on )08/07/2012.they have a cancellation policy of seven business days after enrollment. they provide mentoring as well as learning computer software. I was to meet with my mentor once a week over the telephone. Our "mentorship session" lasted from 5 to 15 minutes each time.


I subsequently attended an additional"free seminar" of Dean Graziosi at the beginning of October 2012 during which I understood that their modus operandi was to place in front of my eyes enticing cases of members such as myself who would achieve great resullts because the organisation would advise you and "hold your hand" on all critical aspects of a given RE transactions.


they offered different programs ranging form $10,000 to $25,000 or $30,000 to participate . I declined alll of their enticement.


 


In view of this experience,I went back home to cancel my ongoing relationship with them on 10/23/2012 and asked for a total refund of the $3275 I had invested with them. they refused stating that I had signed a contract for a 7 day refund.


 


I then called my credit card company mastercharge by Chase Bank and requested a credit for my charge. MasterCharge complied with my request and issued a total credit for the stated amount. Subsequently ( perhaps 30or 40 days later, Valerie Ingram customer service specialist of MC called me and said that PMI EDU CNTR refused the refund.


 


Upon my disapointment , she offered to call PMI and asked whether I was prepared to make a compromise. I mentioned that I would be prepared to let go $1000 of the total $3275 in view of the fact that I had "consumed " some of their services. She asked me to wait on the telephone while whe spoke with PMI about my proposal. She came back to me after 5 minutes stating that she would issue a credit to my account of $2275 of the total purchase of $3275.


 


I was satisfied with that oucome, until I receive la letter from MC stating that after contacting PMI, they refused my offer and sent about 25 pages of documents showing the contract I had signed. Valerie Ingram of MC thus informed me that credit would be taken away from me. I informed Valerie that I had considered my offer of $2275 instead of $3275 as accepted by PMI, and since they now reneged on it, I would now demand a full credit of $3275.


 


this is where we stand right now . What shall I do , contact again PMI or MC?


 


what is my leverage: filing reports with BBB in Utah, Contacting the State Attoney Generalof Utah, contacting the Federal Trade Commission?


 


I have been a cusotmer of Chase for over 40 years , in the same branch,showing that I am not a fly by night customer trying to get a refund.


I wonder whether the branch could have an influnce on MC. they are the same company but a different organisation within Chase.


 


If you require additional details, I will be glad to supply them to you.


 


Robert Briefel


 


 

Expert:  JBaxLaw replied 1 year ago.
I appreciate the information.

In most situations, a contract is enforceable once signed. There is no law requiring a refund in this specific situation. In a situation as you described there are some options.

A) contest charges with your credit card company based on failure to deliver what you paid for. I see you have dealt with the credit card company unsuccessfully, but you may attempt this approach. Do so by examining the claims made by the company and contract you signed. In a written protest about the charges site any deviations from promises made by the company in the contract or otherwise.

B) In contract law, a claim of breach of contract means a party did not meet an obligation under a written contract. Only the contents of the written agreement are considered in court. Look at the agreement for any failures on the part of the company.

C)There are contract defenses one may use to prevent the enforcement of a contract. For example, fraudulent inducement in which a consumer is told false statement to lure them into signing a contract. The success of such an argument would depend on the circumstances surrounding the execution of a contract.

D)There may be assistance via the State Attorney General's Office if the advertisements or promises made violate state or federal consumer protection law. Filing a complaint against a company with that office will begin that process. The complaint will then be examined and potentially investigated by that agency.

As to breach of contract and contract defenses, those concern going to court. You would want to obtain an attorney to represent you in those matters. But, by obtaining representation who is likely to demand a refund before filing suit there is a reasonable chance of informal resolution. You may want to seek limited representation to start for the purpose of sending a demand letter to the company.

Please follow-up with me when you are available.

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Customer: replied 1 year ago.

Was not at all satisfied by your response for the following reasons.


 


1- You informed me that there are some options available to come to a resolution.


 


All of your options are based on legal approaches, and you started your memo by stating that a contract is inforceable once signed.


I am therefore not going to seek an attorney and incur furhter expenses , the amount in question is not substantail enough.


 


2- I was looking for practical advise to arrive at an informal resolution either with the service provider or with the MC/Chase, or with both.


 


3- I was looking for consumer protection from the FED regarding protecting consumer vis-a-vis vendors or credit card companies without resulting to costly litigation.


 


Ypou have not provided me with practical approches to back back to either party .


 


Still hopeful that you may come up with a practicla solution for me

Expert:  JBaxLaw replied 1 year ago.
I appreciate your patience. You indicate you wanted to know means of information resolution and that you were not happy with my explanation of legal options. Please note I also stated informal resolution options and the option to file a complaint with the Attorney General's Office.

You asked "what is the LAW regarding refund from a service vendor for services ordered from a credit card comppany?"

You state you are looking for practical advise and you state you are looking for consumer protection. Before we go on, I need clarification as to what it is you are seeking. I will be happy to respond further, but please take another look at my response. For example, I mention having an attorney send a demand letter to the service provider. That demand letter may only cost about $200, depending on the attorney,so I fail to see how this style of informal resolution is not cost effective in recovering over $3,000.

Please respond with specific questions so I may assist you further. If you would like, I will opt out and allow others to assist you.

Thank you again and I will await your follow-up response

Customer: replied 1 year ago.

I could not be more clear as to what I am seeking:


 


I am seeking a full credit for the $3000 I spent on the "course"


Now that you have established that the contract is legally binding


I am seeking another way to argue successfully with the MC or the vendor.


1- Which is a better target MC or vendor ?.


2-what is my leverage with either of both?


with MC I can argue that the company is constantly extracting more funds from it customers and that I stopoed the relationship because I didn't want to be caught in their net.MC's fresponsibility is to protect me as a csutomer of very long date.


 


with Vendor, I could bring our all of the negative publicity that would derive from my disconted. But they may argue that I am threatening them with bad publicity.


 


What to you suggest.do you have any approaches to suggest to me?


 


the Attorney general option is in my view nothing but another legal option.


the vendor has all the documentation to protect their case. they also have the multiple experience of dealing with cases similar to mine.


 


Awaiting your creative suggestions


 


 

Expert:  JBaxLaw replied 1 year ago.

I have opted out to allow other experts to assist you. Thank you again

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