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LegalGems
LegalGems, Lawyer
Category: Consumer Protection Law
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Experience:  Research Attorney; Private Practice; Attorney Mentor; Mediator
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Hello, I was called for an interview as a lobby attendant

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Hello,

I was called for an interview as a lobby attendant and guest services position in NYC. On the phone the person had asked me to bring a driver's license and social security card. Because I do not have a fire guard license, he told me to bring my credit card as I will be charged $80.
When I went to their office, I was presented three levels of payment scenario.
Level-1- If I want to earn up to $10 per hr, I need to pay $199, for earning from $11-$14, I need to pay $399 or $599 (as far as I remember), and to earn $15-$22 per hr., I need to pay $799. He came down to $599 as I am very qualified and I have taken a CPR course in the past.
I was told that I would be given a job as soon as I get my license. I called my husband and he was driving, he was not able to assist me by checking and researching if this is a valid offer.
I have been looking for a full time job since July, but was unable to get one. I was so frustrated and I was given this opportunity to earn at least $15 hr, to begin with, I took the Level 3 plan and paid him $400 and I owe $199. My credit card could take only some amount. Anyway, I was given a contract to sign which I did and it says that its for the tuition to get trained in a security guard training school.
When I came home, I found out in the internet that the CPR and fire guard license costs only $25-$50. I also found out that there are other companies who charge $99 or some $225 with a guarantee of job placement.
I am unemployed and I used my savings money (which was used as a credit card).
I am very stressed out now as this company is charging me excessive money.
I want to get out of this.
What shall I do as I have paid them $400 and also signed their contract?
Can I get a full or at least partial refund (they can have $80 as they named it for processing fee)?
Please help. I would appreciate it. I am supposed to go there for the training today (Oct 16, 2013) which is my first day starting at 4:30 pm and will end at 8:30 pm. I need immediate help so that I know what is the best possible way to get my money back.
I would rather look for another training school.

Thanks in advance,

Neeta
Submitted: 11 months ago.
Category: Consumer Protection Law
Expert:  LegalGems replied 11 months ago.

LegalGems :

Hi! LegalGems here. I'll do my best to assist you.I can only provide general information, so a follow up consult with a private lawyer is recommended. I am very sorry to hear of this. It sounds like you have been a victim of a scam. The easiest way to approach this would be to file a dispute with the credit card company. During resolution, they will attempt to contact the company. If the company fails to respond, the credit card company will reverse the charges. Often times, even legitimate companies fail to respond. If you indicate in the paperwork that you attempted to cancel by calling the number indicated, the credit card company is more likely to find this to be a fraudulent operation or scam. Another option to consider (and this can be done in addition to the above) is to file a complaint with the attorney general's office. If they investigate and determine this is a scam, the they will begin the process of fining the company and/or revoking their license.

LegalGems :

If for some reason the credit card company denies your dispute, you can bring an action in small claims court. However, based on the information provided, it is more than likely that the credit card company will reverse the charges since the company does not have a legitimate contact number.

LegalGems :

You can file a complaint at the link above.

LegalGems :

As far as the processing fee, generally this would be refundable unless the contract specifically stated otherwise.

LegalGems :

Generally, if a company requires money to give you a job, it is generally (not always) some kind of scam.

LegalGems :

If they refuse to refund your money, you can also sue them in small claims court but again, the first step would be to call your credit card company.

LegalGems :

Please let me know if you have any questions on the above. Thanks!

Customer:

Thank you for answering.

Customer:

I have asked them to refund my money and cancel my contract as I have not even beun the training.

Customer:

begun...sorry typo error

Customer:

I have also spoken with NYC consumer affairs dept. by calling 212-NEW-YORK (311). They advised me to ask for refund as well.

Customer:

I will also call my cc co.

Customer:

I had to leave the message for this person as there's no co. phone I think

Customer:

I am leaving for NYC now

LegalGems :

You are welcome. Another thing to check into if they hassle you - see if they have a business license to even allow them to operate in the city. Let me know if you need to know how to do this in case the above does not work.

Customer:

The person who interviewed me has called me to fill up a refund form.

Customer:

Hope to get the full refund.

LegalGems :

OH Perfect. Thank you for that follow up. I am very glad to have helped provide you with that information, and I especially enjoy the follow up as we don't get that too often!

LegalGems, Lawyer
Satisfied Customers: 3525
Experience: Research Attorney; Private Practice; Attorney Mentor; Mediator
LegalGems and 7 other Consumer Protection Law Specialists are ready to help you
Expert:  LegalGems replied 11 months ago.
I hope you found the information I provided useful.
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Thanks, and take care!
Customer: replied 11 months ago.

Hi,


 


I got a letter today from this company- Adequate Security Preparation and Placement or ASP-NYC stating that because I signed the contract, the money of $400 will not be refunded.


 


I called 311 NYC consumer affairs and they found out that there were two complaints made against this company and nothing has been resolved. Also the person told me that this company is not licensed or registered.


 


I have called my credit card company and have filed a dispute, hoping to hear from the dispute dept. in 2-3 days.


 


I don't know what to do.


 


Neeta

Expert:  LegalGems replied 11 months ago.
That is quite frustrating - I am sorry to hear you are still dealing with this. The first thing would be wait for the credit card dispute process because they generally resolve it within a few weeks. Make sure you disclose the fact that they are not licensed to conduct business. If for some reason the credit card process resolves against you, you can still file a small claims court action to recover the money. However, credit card dispute processes generally favor the consumer, because the burden is on the retailer to prove the charge was legitimate, authorized, the service/item received, etc. Please let me know how it goes and then if it's not favorable I 'll get you the info you need for small claims.
Customer: replied 11 months ago.

Thanks for the quick response.


I have filled the dispute form and will send it along with the copy of their contract and letter they sent me today about no-refunds.


 


Will keep you posted.


 


Thanks

Expert:  LegalGems replied 11 months ago.
You're welcome. Keep me posted!

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