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: 3194
Experience:  Research Attorney; Private Practice; Attorney Mentor; Mediator
Type Your Consumer Protection Law Question Here...
LegalGems is online now
A new question is answered every 9 seconds

I purchased 3 tickets on MetJet and received a letter for 6

Resolved Question:

I purchased 3 tickets on MetJet and received a letter for 6 free tickets. I used my Visa check card to make this purchase. MetJet announced today that they will close on the 26th forever, so I will not be able to use the tickets in January as planned. I was told by the credit union that issued my Visa check card that they only deal with fraudulant charges. I called them back, and a different person told me that I could submit a claim, but chances were very likely that I was not entitled to any reimbursement. Can you tell me if I have any legal claim to reimbursement?
Submitted: 8 months ago.
Category: Consumer Protection Law
Expert:  LegalGems replied 8 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. If a consumer makes a purchase and the seller is unable to deliver the product/service, then that is considered breach of contract. The damages for a breach of contract are generally the price paid for the goods/services.

LegalGems :

If a seller fails to perform according to the terms of the contract, the consumer can first dispute the issue with the credit card company. Most credit card companies are very proactive in resolving these disputes. In fact, if the seller fails to respond, or cannot provide proof that the transaction occurred, the card company will often reverse the charges.

LegalGems :

Since the company will be shutting down and will not be able to provide the goods/services, that would generally be considered a material breach. A material breach goes to the very heart of the matter, and the goal is to restore the parties to the position they would have been in but for the breach i.e. return money to plaintiff, tickets to defendant.

LegalGems :

If the tickets had an expiration date of the 26th, there would be no actionable claim; however, if there was no expiration, and they were purchased with the intent to use them a few months from now, and there were no such restrictions, typically the seller would be found in breach. Since most credit card companies have a time limit for initiating a dispute, it is best to initiate it immediately; for if this time period lapses (generally 60 days but it depends on the individual card) then the fact that you called in and spoke to a couple of different reps is very hard to prove, so an extension for filing would be unlikely. The other alternative is to sue in small claims; but ideally the credit card company will reverse it.

LegalGems :

Under section 170 of the Fair Credit Billing Act, (an amendment to the Truth in Lending Act), chargebacks are permitted when the seller fails to provide the goods/service, or when the transaction was unauthorized.

Customer:

I am still a bit confused why the Credit Union told me that they can only cover fraudulent claims, and were so adament that this would not be covered.

LegalGems, Lawyer
Satisfied Customers: 3194
Experience: Research Attorney; Private Practice; Attorney Mentor; Mediator
LegalGems and 5 other Consumer Protection Law Specialists are ready to help you
Expert:  LegalGems replied 8 months ago.
I hope you found the information I provided useful.
Future requests can be labeled "TO LEGAL GEMS" followed by your question.

It would be appreciated if you complete the admin's survey - it's like our report card!

Thanks, and take care!

PS- I just saw your post - apparently my reply did not go through. It sounds as if the rep was not familiar with the law- sometimes they are not aware of it; or else they accidently transferred you to the fraud dept, versus the dispute dept, and they are unaware of the various processes.

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