How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask LegalGems Your Own Question

LegalGems
LegalGems, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 3461
Experience:  Research Attorney; Private Practice; Attorney Mentor; Mediator
63726236
Type Your Consumer Protection Law Question Here...
LegalGems is online now
A new question is answered every 9 seconds

I recently purchased some items from a store online I used

Resolved Question:

I recently purchased some items from a store online I used my credit card it was approved more then 14 days went by now they say the credit card was declined what are my rights?
Submitted: 11 months ago.
Category: Consumer Protection Law
Expert:  LegalGems replied 11 months ago.

LegalGems :

Hi! LegalGems here. I have extensive consumer law experience and will use this to assist you with your issue today.

LegalGems :

The store is saying it is declined, or the credit card company?

LegalGems :

And have the items been delivered?

Customer:

both and yes they have been delivered

LegalGems :

That is odd for the credit card to approve it and later deny it, unless in the interim a credit limit was exceeded (due to subsequent purchases). Since the items were delivered, the seller could sue for the cost of the items (breach of contract) so alternate arrangements should be made. Did they say the basis for the denial?

Customer:

no they didn't

Customer:

but they can't file criminal charges?

Customer:

are you still here?

LegalGems :

In order to file criminal charges, they would generally need to prove fraud. Most police won't get involved in financial matters if there is a civil remedy.

LegalGems :

Yes, sorry, was typing.

LegalGems :

I'll stay here until we're done with our chat!

Customer:

okay

Customer:

yeah there was no fraud

LegalGems :

Generally they would sue for breach of contract; or the buyer would provide alternative payment.

LegalGems :

I didn't think so - since credit card company initially approved it.

Customer:

okay these items are being resold or already have been waiting 90 day net to get paid

LegalGems :

I see. The thing is, between the seller and the buyer, the buyer is responsible for "making good" with the seller under the terms of that contract. So you would need to contact the seller and try to arrange an extension.

Customer:

yes okay thats what I thought

LegalGems :

Generally, if they know they will be paid, they will work something out. Either an extended payment due date, or a monthly payment plan.

Customer:

okay they called once I tried to call back but got no return call yet

LegalGems :

If you have a fax number or an email, it is best to communicate that way, so there is a paper trail. Otherwise, if they agree to alternate arrangements, ask that it be memorialized in writing.

Customer:

okay I do and will do that

LegalGems :

OK. Good luck on all this.

Customer:

yeah Iam going need it

Customer:

thanks for your time

LegalGems :

Not necessarily - they want to get paid, so they will likely work something out that is mutually beneficial. You are welcome!

Customer:

okay I know they'll want there money so I am sure they'll work something out

Customer:

not to mention these items were made just for this order

LegalGems :

I would agree. And since the items can't be returned...they will want payment.

Customer:

and I started this transaction back on 9/10/2013 they had plenty of time to make sure my credit card was good

Customer:

and I spoke to three different people to verify this transaction since it was a large order

LegalGems :

All that should be documented when you negotiate with the company. If they do threaten to sue, you can claim detrimental reliance- that you relied on their representation that they were going to charge this to your card. However, if it is due to being over the limit, the argument would not be a successful argument (since you would have control over that issue).

Customer:

yes I understand

Customer:

well I will talk to them tomorrow and see what they say

LegalGems :

Based on the facts though, it would seem they would work with you, particularly in light of what you just mentioned. Sounds good!

Customer:

okay thanks so much for your time

LegalGems :

Very welcome. Take care.

Customer:

can I get your number if i need to hire you?

LegalGems :

Actually, that's against site rules - we aren't allowed to represent customers. But you can always request me in the future if you have any estate planning or consumer law issues.

Customer:

okay thanks anyway

LegalGems :

You are very welcome!

LegalGems, Lawyer
Satisfied Customers: 3461
Experience: Research Attorney; Private Practice; Attorney Mentor; Mediator
LegalGems and 9 other Consumer Protection Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
 
 
 

Meet The Experts:

 
 
 
  • Infolawyer

    Lawyer

    Satisfied Customers:

    5518
    Licensed attorney helping individuals and businesses.
< Last | Next >
  • http://ww2.justanswer.com/uploads/NY/nyclawyer/2012-6-7_22011_photo66139201112041.64x64.jpg Infolawyer's Avatar

    Infolawyer

    Lawyer

    Satisfied Customers:

    5518
    Licensed attorney helping individuals and businesses.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    2620
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/LA/lawpro/2012-6-25_171315_PT206740s.64x64.jpg Law Pro's Avatar

    Law Pro

    Lawyer

    Satisfied Customers:

    1711
    20 years experience in consumer advocacy, debt collection violations, contracts, construction
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    1415
    16 years legal experience including consumer protection law.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Lawyer

    Satisfied Customers:

    1160
    25 years of private practice
  • http://ww2.justanswer.com/uploads/mnphillips2/2009-03-13_203105_10984459-249293407.jpeg Phillips Esq.'s Avatar

    Phillips Esq.

    Attorney-at-Law

    Satisfied Customers:

    1065
    B.A.; M.B.A.; J.D.
  • http://ww2.justanswer.com/uploads/BA/barristerinky/2012-6-10_22423_office.64x64.jpg Barrister's Avatar

    Barrister

    Lawyer

    Satisfied Customers:

    1023
    Attorney with 14 years experience in various consumer protection areas