Consumer Protection Law

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I bought an online coaching course after speaking with the…

Customer Question
Second opinion] I bought...

Second opinion] I bought an online coaching course after speaking with the coach. I paid and then she sent me a contract that was not as per the course. I then find out that the course had started prior to my enrollment and it was on days other then what I was told. After the first week that I participated, I emailed the merchant as it was not according to what I had discussed. She ignored me for 2 weeks and then blocked me from the course when I disputed the charges. My credit card company nor PayPal will help me and the merchant has said that she is no longer disputing the refund but the temporary credit was given back to her and she has not issued a refund. I paid $4997 and she has kept my money but keeps saying that it was refunded. The credit card company gave her the money that they were holding.

Lawyer's Assistant: What state is this in? And just to clarify, when was the purchase made?

I live in Wisconsin. She lives in Massachusetts.

Lawyer's Assistant: Have you contacted the manufacturer?

The merchant is the manufacturer and there was not full disclosure.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I have submitted emails and texts from the merchant saying that she is not contesting the refund anymore even though she did contest it last month but the credit card co. and paypal will not reopen the case and I did not complete even 10% of the course hours which has a lifetime access to the group with all the materials online.

Submitted: 9 months ago.Category: Consumer Protection Law
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Answered in 2 hours by:
11/7/2017
Consumer Protection Lawyer: Law Educator, Esq., Lawyer replied 9 months ago
Law Educator, Esq.
Category: Consumer Protection Law
Satisfied Customers: 126,940
Experience: Attorney experienced in commercial litigation.
Verified

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

If the credit card company and PayPal have closed their cases, then you have one last right to send a written appeal to PayPal and ask them to reconsider. If PayPal will not reconsider, then your next step because she is in MA is to send what is called a 93A letter, which is based on MA Gen. Law Section 93A, the Unfair and Deceptive Business Practices Act, which is the strongest and broadest in the US. Here is a sample letter for you to use for format, http://www.mass.gov/ago/consumer-resources/consumer-assistance/93a-demand-letter.html

Under Section 93A, if she does not make good on the refund based on the misrepresentation of the program to you, then you can sue for up to TRIPLE damages plus attorney's fees under 93A if you send the letter. She has 30 days to respond to the letter and settle the dispute. If she refuses, then you need to get a MA consumer protection law attorney and file civil suit against her in MA for breach of contract and violation of Section 93A.

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Customer reply replied 9 months ago
She lives in Rhode Island but they do not have a small claims court.
Customer reply replied 9 months ago
I think that MA might still handle it?
Customer reply replied 9 months ago
Hello?
Consumer Protection Lawyer: Law Educator, Esq., Lawyer replied 9 months ago

Thank you for your reply.

If the company is in MA, then MA courts will handle it and as a 93A case it would not be a small claims case because you are entitled to 3 times the money as damages. Also, they have small claims in RI, it is the district court.

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Consumer Protection Lawyer: Law Educator, Esq., Lawyer replied 9 months ago

Please give us some time to reply, as we are working with multiple customers at the same time and they all deserve the same time you deserve.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

Ask Your Own Consumer Protection Law Question
Consumer Protection Lawyer: Law Educator, Esq., Lawyer replied 9 months ago

Thank you for your reply. We provided you the above information as you requested.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

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