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CalAttorney2, Attorney
Category: Legal
Satisfied Customers: 10215
Experience:  Civil litigation attorney for individuals and businesses.
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I gave $6000 to a marketing company, was suppose to get

Customer Question

I gave $6000 to a marketing company, was suppose to get appointments, I gor about 15 e-mails
JA: What state are you in? It matters because laws vary by location.
Customer: CalifornisHave asked for a refund and he says NO
JA: Has anything been filed or reported?
Customer: no
JA: Anything else you want the lawyer to know before I connect you?
Customer: no I think that is the short story
Submitted: 14 days ago.
Category: Legal
Expert:  CalAttorney2 replied 14 days ago.

Hello, My name is ***** ***** I will assist you today. Please give me a few minutes to write a response and identify any additional resources for you.

Expert:  CalAttorney2 replied 14 days ago.

Dear Customer,

If you contracted for a specific service that they did not provide, but you paid for, then they are in breach of contract.

There are a series of steps you can use to try to deal with these businesses in a way to at least get some resolution. You do not need to do each of these (some may not always work, for example you may not use your credit card to pay your monthly bill), and some you may have already done (such as written to their customer service department), but I provide you with the following as an outline because it gives you a methodical way of going through this in steps so that you can address this in a cost effective manner.

  • *First: start with the company's customer service and dispute the claim. Keep your complaint in writing. If you speak to someone by phone, follow up promptly with a "confirmation letter" (see my note below).
  • *Second: (you can do this at the same time), if you paid by credit card (not debit card) you can open a dispute with your credit card carrier (follow the instructions with your credit card company). (Some banks do allow for charge disputes on your debit card - but not all, the laws are not the same and debit card purchases do not have the same protections, if you paid by debit card, contact your bank and see if they do have dispute resolution remedies).
  • *Third: open a dispute with the BBB. The BBB offers consumer dispute resolution that is fast, free to consumers, and is usually effective, they have no enforcement authority, but all BBB disputes result in a public report regarding resolution so businesses do respond to them. You can open a BBB dispute here:
  • *Fourth: if you believe that the company is acting fraudulently (not just charging high rates), you can report them to the state Attorney General. The AG's office does not prosecute individual claims (so they will not get your money back for you), but they will investigate and potentially take administrative and/or criminal action against the company.
  • *Finally: you can file a small claims action against them for breach of contract. Small claims actions take approximately 3-8 months to go to trial. There is no guarantee of success in these disputes, but filing a small claims action does open an opportunity to negotiate a resolution (in addition to the above opportunities and can lead to mediation - many courts offer mediation programs for their small claims docket).

Confirmation letters: Keep written records of all communications - so if you speak to someone by phone, promptly send a follow up "confirmation letter" summarizing your conversation, who you spoke to, when, and any agreements you reached. Keep copies of your outgoing correspondence, as well as anything that you receive.

I wish you the best of luck with this dispute, and hopefully a speedy resolution.

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