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Infolawyer
Infolawyer, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 50111
Experience:  Licensed attorney helping individuals and businesses.
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I purchased a medical item online from a company in LA and

Resolved Question:

I purchased a medical item online from a company in LA and paid extra for delivery in two days. There was a provision that said the consumer should contact the seller for expedited deliveries to ensure delivery on time but it did not say that this should be done after or before payment. The company selling the item accepted payment for the expedited delivery and now tell me that they do not have the product and are not responsible if the manufacturer does not have it either. The cost of the item is approximately $1500.US. I am seeking a refund but I am now being told they I have to pay a 10% credit card refund fee plus a fee for cancellation. What are my rights as a consumer in this issue?
Submitted: 10 months ago.
Category: Consumer Protection Law
Expert:  Infolawyer replied 10 months ago.

Daniel :

Hello,

Daniel :

You have a few options based on breach of contract and fraud

Daniel :

You may contest the charge on your card.

Daniel :

You may sue in small claims court

Daniel :

You may report to the BBB and attorney general office.

Daniel :

I would exhaust those options in lieu of hiring and paying a local lawyer

Daniel :

Please let me know if that is clear.

Customer:

hi. i am thoroughly disgusted by this company's attitude

Daniel :

I cannot blame you

Daniel :

I had that reaction too

Daniel :

so you may want to pursue these options together

Daniel :

add extra pressure

Daniel :

and agency review

Customer:

This is a medical item that my mother needs as a matter of urgency but that is not even the issue...it reeks of dishonesty to me. The companyy is saying that I should have called them before placing the order. Yet they were prepared to take money for the delivery of an item in 2 days that they didnt have.????

Customer:

Please advise me on how to go about this.

Daniel :

I would lodge a complaint with the attorney general office

Daniel :

http://oag.ca.gov/contact/consumer-complaint-against-business-or-company

Customer:

do i just write a letter?

Daniel :

see link I provided

Customer:

thank you

Daniel :

I would fill that out to begin the process

Daniel :

I wish you the best

Daniel :

Kindly click on an excellent rating

Daniel :

Most welcome

Customer:

wait

Daniel :

sure

Customer:

i am a foreigner visiting the US..does that make a difference?

Daniel :

does not

Customer:

and should i tell the company that i propose to write to the AG's office and /or file a complaint with BBB?

Daniel :

Yes

Daniel :

give them a deadline

Customer:

or should i try to liaise with someone other than the customer service rep?

Daniel :

ask for a supervisor

Daniel :

avoid entry level reps

Customer:

ok, i will. thank you very much Sir.

Daniel :

very welcome

Daniel :

Have a nice weekend

Daniel :

Turned the rating on, kindly rate me positively

Customer:

Thanks again.

Infolawyer, Lawyer
Satisfied Customers: 50111
Experience: Licensed attorney helping individuals and businesses.
Infolawyer and 6 other Consumer Protection Law Specialists are ready to help you
Customer: replied 10 months ago.

Hi Daniel


I would like to ask a follow up question on this issue. I asked the initial person I had communicated with for her supervisor's email address and I emailed him on the matter and he never responded; I re-sent the email and he still did not respond. In the meantime the US$1500 plus I paid for the item has not been refunded to my credit card in whole or in part. In addition to the measures you proposed I now want to write to the directors and CEOof this company. How do I go about getting the names of their names?


Thanks.

Expert:  Infolawyer replied 10 months ago.
You may make written demand for it. A lawyer may do so. You may also seek it through a subpoena should in a pending lawsuit.
Customer: replied 9 months ago.

I received an email this morning that the company has shipped the item even though I cancelled it. In the interim I have posted my thoughts about the issue on an online forum. If I now accept the package, which has been shipped to the US, a jurisdiction I won't be in for another month, what are the legal implications of my posts?

Expert:  Infolawyer replied 9 months ago.
No implications provided statements are true. Practically, it is better not to post items on public forums which shed a negative light on another company to avoid a potential defamation claim.

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