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Zoey, JD
Zoey, JD, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 24012
Experience:  18+ years of NYS litigation experience.
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Whoa Daddy Media LLC 6619 N 19th Av Phoenix, AZ 55015 The

Customer Question

Whoa Daddy Media LLC
6619 N 19th Av
Phoenix, AZ 55015
The built me a web page as follows: (BarganDiscountPlaza.WhoaDaddymedia.com) they charged me $900.00 and they wanted more and I gave them $750.00 more and
Submitted: 2 months ago.
Category: Consumer Protection Law
Expert:  Zoey, JD replied 2 months ago.

Hi,

I'm Zoey and I'll be assisting you. I'm reviewing your question now. Please be patient while I research and compose a reply for you.

Expert:  Zoey, JD replied 2 months ago.

But before I can type you a response. . . how long ago did you deal with them and how did you pay for their services?

Customer: replied 2 months ago.
THIS MONTH AND PAID BY CREDIT CARD
Customer: replied 2 months ago.
IF YOU WOULD LOOK ON THE WEBPAGE THEY BUILT ( www.bargainsdiscountplaza.godaddymedia.com ) YOU WILL SEE AN ERROR ON THE PAGE AND I CAN'T HAVE THAT IT'S NOT WORKING PROPERLY AND I HAVE GEEK SQUAD CHECK OUT MY COMPUTER FOR 3 DAYS AND SEVERAL OF THE TECHNICIANS SAID THER ERROR IS ON THEIR END BECAUSE AND THEIR COMPUTERS GOT THE SAME ERROR AND I WANT MY $ 900.00 THEN $ 750.00 BACK.
Customer: replied 2 months ago.
I HAVE BEEN IN TOUCH WITH THEM AND THEY ARE LYING BECAUSE THEY SAID THERE'S WERE WORKING. YOU CAN CALL THEM THEIR PHONE IS 1(###) ###-####
Expert:  Zoey, JD replied 2 months ago.

This is an F-rated company by the Better Business Bureau. They are less than a year old. Their website is exactly 3 months old and they've registered it so that it will expire in 9 more months. Their address is an office building, but they lack a suite number. They are probably not really at that address at all and are using a private proxy service to hide their site owner and site location.

While I can't say that Whoa Daddy is an outright scam, the above signs are scam signs, as is the fact that they came back to you for more money than you contracted with them for and they did not perform.

If the company does not wish to refund you and you paid by credit card, talk to your card carrier, tell them that you believe you have contracted with a scammer and ask them to do a chargeback.

I will have more information for you after I finish my dinner, which I'm in the process of eating.

Customer: replied 2 months ago.
THEY JUST DON'T TO REFUND ME MY MONEY.
Expert:  Zoey, JD replied 2 months ago.

Please read my partial answer and be patient, and I will provide you with the rest of what you can do to recover your funds within the half hour.

Customer: replied 2 months ago.
THE WEB PAGE IS BARGAINSDISCOUNTPLAZA.GODADDYMEDIA.COM YOU CAN SEE THE ERROR IN THE PLAY BACK
Customer: replied 2 months ago.
OK JOEY JD
Customer: replied 2 months ago.
I TALKED TO WALL MART CARD THE SENT ME TO VISA AND GIVE ME THE RUN AROULND
Customer: replied 2 months ago.
VISA SAID THEY CAN'T HONER THAT PAYMENT
Customer: replied 2 months ago.
WHAT CAN I DO?
Customer: replied 2 months ago.
I WILL LOG IN TO MY CREDIT CARD AND SEE IF YOU ALL CAN HELP ME THANKS! I BELONG TO LEGAL SHIELD I LIVE IN TEXAS MAY BE THEY CAN SEND A LETTER OR SOMETHING THANK YOU
Expert:  Zoey, JD replied 2 months ago.

Thank you for your patience. If you didn't read what I said above, I suggest you look at it now, because I believe the company is a likely scam.

I have gone to your website, and it looks as if the most they did -- if they even did that -- was to register your domain name with go daddy.

If a company that really exists breaches a contract and engage in fraudulent behavior, that's one kind of scam. If the company was never a real company but was just a phony business site set up to steal money, that's another kind. In this second kind, while you would still have the right to sue or prosecute them, without police assistance you are never going to find out who or where they really are.

But here are your legal remedies:

If they are a real company, you'd first need to contact them and see if you can get them to address your concerns. You've already done that and you know that they are lying to you and stalling you.

-- You could then contact your credit card carrier and ask them to do a chargeback as you did not get what you contracted for and have learned they are a likely scam outfit and that you probably never will.

-- From there, if your card carrier won't assist you, the next step would be to contact a lawyer (if you have Legal Shield, they could do this for you) and ask them to write a strong letter to the company, listing the various ways they have breached their contract with you and misrepresented their services and telling them that if they are not willing to resolve your problem or refund your money then you will have no choice but to take them to court and sue them for breach of the contract and for their fraudulent and deceptive trade practices.

You can do this for yourself without a lawyer, though it has more teeth when the letter is on a lawyer's letterhead. A successful suit involving fraudulent and deceptive trade practices would entitle you to an award and triple damages. If the company is real, that threat coming to them on legal letterhead should make Whoa Daddy think twice and, hopefully settle up with you.

Meanwhile, you can file complaints with the US consumer protection agencies we have, as they are free. Go to the Better Business Bureau's site and lodge a consumer complaint against them. You can do that right on the BBB's website. As a non-profit organization committed to protecting consumers, the BBB will try to intervene on your behalf and to resolve your problem if they can locate the company and the company is willing to work with them.

From there, you want to file one with your state attorney general's office and with the Arizona state attorney general's office. Again, you want to emphasize that the company has breached its contract with you and engaged in fraudulent, unfair and deceptive practices.

Finally, you can involve our Federal consumer protection regulatory agency, the Federal Trade Commission by filing a similar consumer complaint with them also.

These government agencies may not usually intervene on any one person's individual situation. But when they get enough complaints to see a pattern and practice of unethical or fraudulent business dealings they can, and do step in. They haul the company into Federal court where the companies usually settle for enormous fines and heavy government sanctions. The money the government collects is distributed among those defrauded by the company. So even if it may take a while for you to recover, you want to file these complaints.

You also can hire a consumer right's lawyer and sue for fraud and/or breach of contract, and one might be willing to take the case on contingency, meaning that you would only pay the lawyer if he wins your case or gets a settlement you approve of. Then he gets about 40% of your award. Alternatively, since the debt is relatively small you can sue in Arizona Small Claims court and do it yourself without a lawyer.

If the company is a complete fraud, none of the above will do any good until they are found, so you will have to report the crime against you to your police and to the FBI at IC3.gov so they can be brought to justice.

It is unfortunate but if they are a complete fraud, the possibility of recovery is very, very low. There is one somewhat brighter note if they are total scammers, however: when you are the victim of a crime your unreimbursed losses are tax deductible, so you will be able to have a write off when you prepare your 2016 taxes.

Expert:  Zoey, JD replied 2 months ago.

Just checking in to see if you need more help or any clarification of my answer. If so, please reply here on this question thread.

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