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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 25008
Experience:  Lawyer
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Dear Sir or Madam, I paid $5,995, using two credit cards,

Resolved Question:

Dear Sir or Madam,

I paid $5,995, using two credit cards, to a business that teaches internet marketing. I have some experience and said all I need is access to products and am interested in drop shipping. After a few weeks into the coaching, they said it would cost an additional $8,000 to get the good drop shippers. When I balked, they lowered it to $4,000. That is still not acceptable.

I don't like the way they do business and do not feel I can trust them. I certainly don't want to pay another $4,000 to get what I thought I was buying in the first place. They say they will work with me until I am "... 100% satisfied with the progress of my website..." (not yet started), but I don't feel comfortable working with them after finding out how they do business. After all, they are teaching me about how to run my business. How can I be comfortable learning from them when they have unscrupulous business tactics?

I would like to request the credit card companies to charge back the initial $5,995. However, in the beginning I signed an enrollment agreement, summarized as follows:

1. In the event of a claim or dispute, you will first negotiate with us in good faith.
2. If a resolution cannot be achieved, you agree that instead of bringing action in court, any claim must be submitted to final binding arbitration with the American Arbitration Association on an individual (non-class, non-representative) basis. Arbitration will take place in Boise, Idaho, parties paying their own fees, resolved by a single arbitrator.
3. We do not allow refunds for any reason.

So my question is this...

Do I have to follow all of the enrollment agreement, or can I just request charge backs from my credit card companies?

What would you recommend?


Submitted: 2 years ago.
Category: Consumer Protection Law
Expert:  Lucy, Esq. replied 2 years ago.

My name is XXXXX XXXXX I'd be happy to answer your questions today. I'm sorry to hear about your situation.

Unfortunately, you are bound by the terms of the enrollment agreement. If you requested a charge back from your credit card company, first, the credit card company would likely deny it based on the "no refunds" clause. Second, if the credit card company did reverse the charges, it is possible that the company would sue you for breach of contract. A credit card reversal is done as a customer courtesy and convenience - it's not a legal adjudication of whether a person owes the money. So, it doesn't automatically end a dispute.

Since the contract requires that you negotiate in good faith, that is the first step. If they are not providing the services that you paid them to provide, then can choose to submit the dispute to arbitration. You unfortunately cannot file a suit in court, because that clause is binding and they'll move to dismiss it. Another option is to hire a local attorney to try to negotiate a resolution without going to court.

If you have any questions or concerns about what I've written, please reply so that I may address them. It's important to me that you are 100% satisfied with the service I provide. Otherwise, please rate my service positively so that I get credit for answering your question. Thank you.
Lucy, Esq., Lawyer
Satisfied Customers: 25008
Experience: Lawyer
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