Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight
delay between your follow ups and my replies.
I am very sorry for your wife's situation. This is a known scan called the Who's Who Scam
- see here
Essentially, what happened here is that likely the seller promised to list her for "free" but upon receiving the credit card information, still charged her.
At this point, if she has never agreed to the charges, she has two options:
1) File a complaint with the Attorney General of New York - here
- and let them investigate. The Attorney General's office may take steps on her behalf if it feels that the company is involved in fraud;
2) File her own lawsuit - small claims court (here
) to get the money back. To sue in a state court, one needs to have a "cause of action." There are numerous causes of action, such as "breach of contract," "negligence," "fraud," "unjust enrichment," etc., as well as causes of action rooted in statutory law. Every state has their own although they are very similar to each other in every state. This may be fraud
. The action for fraud has five elements: (1) a false representation or omission of a material fact; (2) knowledge of doing so; (3) intention to induce the party claiming fraud to act or refrain from acting; (4) justifiable reliance; and (5) damages. Klusack v. Ward, 234 Ga.App. 178, 179(1), 507 S.E.2d 1 (1998).
Often, a letter threatening
to do both/either will have the business recant and refund to avoid the limelight. Let me know if you need a sample letter to such an effect.
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