Consumer Protection Law
Consumer Protection Law Questions? Ask a Lawyer Now.
Hi! LegalGems here. I have extensive consumer law experience and will use this to assist you with your issue today. I am sorry to hear of this. It is interesting that they are threatening to fine you, as a private company does not have the authority to "fine" a consumer. You mentioned that you filed a dispute with your credit card company. You should follow up to see what their determination was. If it was not favorable, you can bring an action in small claims, in the county in which you reside. So long as the b business has sufficient contact with that state (long arm jurisdiction) jurisdiction would be vested in that state. Since you have written confirmation of your cancellation, that should not be a problem- to prove that you timely canceled. In the meantime, you can send a demand letter requesting full reimbursement. Here is a sample letter you can modify to fit your situation. Then if they refuse, you can file a claim in small claims. http://consumer.georgia.gov/consumer-services/sample-complaint-letter-to-send-to-a-business
If you end up filing suit, you can find out the registered agents (these are the individuals authorized to accept service on behalf of the company) by looking here: https://secure.utah.gov/verifyreg/index.html
I just received notification you couldn't view my answer so I am switching it to Q&A. It will state our chat has ended - but you can post a response by using the reply box - it is only referring to our "chat" (format) has ended. Thanks!
I wanted you to know I only had 3 days to cancel and when I did they stalled me until this orientation director called me to talk me out of it and he made me write another email to say I would stay with them. I do have the first email when I canceled. After that the ignored me and wouldn't contact me again even though I tried to contact them daily to cancel. In my emails I told them if I didn't hear from them I was going to contact the BBB and other agencies to help me. It wasn't until a couple of days ago that I received this email from them after the BBB talked to them to settle. The paragraph that I wanted to talk to you about was the one labeled: Non Disparagement: (it said) Customer agrees not to defame or in any way disparage company or to discuss the terms of this settlement or any transactions whatsoever he/she has had with company with any person, party, entity, agency unless compelled to do by operation of law. Customer further agrees not to, w/out the agreement & written approval of Company to contact any member of the media, post on any chat board, forum, or internet website, assist anyone in posting negative comments about company, either directly or indirectly whether such interests be property, reputation or showing up at properties where company is conducting business. Customer agrees that is he/she violates this agreement she shall owe liquidated damages to company at the minimum amount of $10,000. (and it goes on and on about breaching the contract, etc) and they want all kinds of signatures (but they are not getting mine)
Have you heard of these people? They prey on the elderly and people on Social Security which I am on and people who don't have very much money. Can they be stopped? And can I get my $3460 back. They stall and stall and don't answer you then say the customer caused negative damages when there are all kinds of complaints on the internet or other victims (wish I knew that then, but they push you for a discision right away) lie to you and misrepresent what is really going on. I already paid an agency $25.00 in Utah...a Consumer Protection Agency to help me, are you part of them? I really need some results. I looked at your demand letter, but they will just laugh at that one.
I live in Spearfish, SD Lawrence County Like I said on Social Security, not much money
It would not be a good idea for me to accept a check from this company in settlement would it. Shouldn't they credit my credit card where they got my money from in the first place?
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).