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You do have a valid cause of action here. You've basically been deceived. What you want to do is raise the stakes on them so that they know that not complying with your demands is going to cost them far more in the end than simply giving you your refund now. You should send them a certified, return receipt requested letter detailing the history (including all their representations
) and demanding that they refund your money in total within a short specified period of time. Inform them that if your demand is not timely complied with, you will have no choice but to file a suit against them for your damages. Be sure to specifically mention that you will be filing this claim not only as a breach of contract
case, but also as a deceptive trade practice
action, which will entitle you not only to your damages, but also an additional amount equal to multiple times your actual damages as punitive damages
. That should provide plenty of incentive to comply with your demands; but, if it does not, file your suit. Typically, even if you have to file the suit, once filed, that's all that you will need do because typically companies will settle rather than risk the punitive damages and the deceptive trade practice judgment being on their record.
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