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Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 85188
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Hello, I have a question about a charge at a strip club. So

Resolved Question:

Hello, I have a question about a charge at a strip club. So I got wheasled into the VIP Room and gave my license and card to the waitress the. The dancer told me that the time started once the drinks came back. The Drinks came back at one and ten minutes later. The waitress asked me if I wanted to extend my time. I explained to her that my time started at 1. I called the manager and told him that I felt like I was being taken advantage of. How can effectively dispute this. I never signed
Submitted: 9 months ago.
Category: Legal
Expert:  Ely replied 9 months ago.
Hello and thank you for requesting me.

Can you please tell me what state this is in?

This is not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
Customer: replied 9 months ago.

The incident occurred in Boston. I live in Indiana. I had refused to sign the charge.

Expert:  Ely replied 9 months ago.
Thank you, friend.

There are two levels of dispute here - (1) card and (2) court.

Originally, what someone in your situation can do is to call the Card and dispute the charges. What the card company cares about is not quality of service or anything else, but whether or not the charge was authorized. Upon such a challenge, the claim is frozen. If the club does not respond within 30 days, you win and the charge is reversed. If the club does respond, then the credit card will make an arbitrary decision based on both parties' statements and will make a decision either way.

So someone in your situation may wish to claim never have to authorized to expand the time. Without a signature, they may be at a loss to prove otherwise.

Hopefully, this matter will settle with the card challenge.

If not, then you have the possibility of going to small claims court. However, you may or may not of course wish to air these issues in a court of law, since it does involve going to a gentleman's club - there is nothing wrong with that, but, some individuals may be self-conscious about doing so. Let me know if you need information on how to pursue this in small claims, although I have a feeling you may be victorious by the card challenge alone.

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Customer: replied 9 months ago.

I have been told that just because I gave them the card initially that I "authorized" them. If that were the case, then they would be free to charge whatever they wanted. Could you assist me in wording the dispute so I can effectively win? I think the person at fault is really the dancer because she provided me with false information.

Expert:  Ely replied 9 months ago.
Friend,

I have been told that just because I gave them the card initially that I "authorized" them.

That is false. Did they tell you that? If so, then their statements cannot be trusted, as they are self-serving.

If that were the case, then they would be free to charge whatever they wanted.

Right. The whole credit card system would collapse. So this is not true.

Could you assist me in wording the dispute so I can effectively win? I think the person at fault is really the dancer because she provided me with false information.

I can give an example, but I am afraid I cannot draft the matter as experts are not allowed to draft legal documents for JustAnswer customers.

You would have to pursue this in Massachusetts. If it is $7,000 or less, then the matter would be here.

You would pursue the club, not the dancer, although the dancer may appear to testify at the club's request, or, you can subpoena her if you want to.

To sue in court, one needs to have a "cause of action." There are numerous causes of action, such as "breach of contract," "negligence," "fraud," "unjust enrichment," etc., as well as causes of action rooted in statutory law. Every state has their own although they are very similar to each other in every state.

Here, this may be a cause of action for money had and received. This occurs when " one has money in his hands belonging to another which in equity and good conscience he ought to pay over to the other...." Trafton v. Custeau, 155 NE 2d 159 - Mass: Supreme Judicial Court 1959. This is what someone in your situation may wish to claim.

I hope this helps.... good luck.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE and submit your rating when we are finished.
Customer: replied 9 months ago.

Like you suggested earlier, I do not wish to pursue this in court. I want to draft an effective letter to the credit card company disputing the charge. They are asking me for evidence or proof. For heavens sake its a strip club.


 


 

Expert:  Ely replied 9 months ago.
They are attempting to make it as difficult as possible because all they care about is the botXXXXX XXXXXne.

Example of such a letter:

Dear ____________,

This is in regards XXXXX XXXXX overcharge of my Visa credit card for $____ on ____. I have only authorized a charge of $____ on the card, and I had never "extended" authorization for more charges.

At this time, demand is hereby made that you either (1) refund me $____ or (2) drop the charge of $____ on my credit card.

If this is not done, I may have no alternative but to do the following:

1) File a civil claims for cause of action for money had and received. This occurs when "one has money in his hands belonging to another which in equity and good conscience he ought to pay over to the other...." Trafton v. Custeau, 155 NE 2d 159 - Mass: Supreme Judicial Court 1959; and

2) File a complaint with the Attorney General's office as well as the local police about your establishment putting on unauthorized charges on your customers' cards, in hopes that the nature of the business will have most not dispute it.

You have until the date of ___ to make a decision before I may act.

Sincerely,

Signature

Name


This may help.

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Customer: replied 9 months ago.

This a letter to the strip club. I was hoping of just sending it to the credit card company

Expert:  Ely replied 9 months ago.
Sure - one second.
Expert:  Ely replied 9 months ago.
To Whom It May Concern:

This letter is to serve as a memorandum in regards XXXXX XXXXX challenge to the charge of $____ by the vendor ___. This charge appeared on my billing statement, dated [insert date of statement]. I have enclosed a copy of my billing statement with the disputed charge circled.

This charge is inaccurate. This is because when giving the card for the charge, I only allowed $____ to be charged. The vendor charged $______ without my knowledge. I never signed any authorization ticket for the charge.

Under the Fair Credit Billing Act, I am requesting that this billing error be corrected and any finance charges and fees associated with the disputed charge be credited to my account, and for an accurate statement to be mailed to me.

Thank you.

Sincerely,

Signature

Name


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Ely, Counselor at Law
Category: Legal
Satisfied Customers: 85188
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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