Legal

Ask a Lawyer and Get Answers to Your Legal Questions

Ask a Lawyer,
Get an Answer ASAP!

Legal

What is my recourse when a Companys 30 Day 100% Money Back

Customer Question
What is my recourse when...
What is my recourse when a Company's 30 Day 100% Money Back Guarantee Requirements were designed to be Impossible To Meet?

I purchased a $400 marriage help product (Mort Fertel) in good faith at a difficult time.

Following the course instructions, I didn't schedule my "laser focus" 10 minute call with Mr Fertel that is included with the program. You are instructed to listen to 8 recorded question and answer CD's each over an hour in length over a several week time frame because your question is "most likely already been answered".

After 3 weeks I decided this program wasn't for me. I contacted their customer service phone, and reached a recording. I left a message, but it took 3 calls over a 5 day period to reach a human being. They then emailed me their return policy, which required among other things that I had to complete the 1 on 1 "laser focus" session. I asked to schedule the session. They sent me a calendar of available times, but there were no times for over 30 days! When I emailed back that there were no appointments available within the guarantee period, I was then told that my return needed to be received the next day and my time was up, NO EXCEPTIONS!

It took me 5 days to reach customer service, and another 2 days and several emails for them to say - "now your time is up"! I would have had to schedule my appointment BEFORE I bought the product to meet their return policy, yet that is a requirement? Their guarantee is designed to be difficult if not impossible to meet! I returned the product in perfect condition, and filed a dispute with American Express that is currently ongoing. A week later they I received the materials I returned back in a torm oversized manilla envelope from them, and now the contents are scratched and worse for wear from their shipping back to me! Today I received a notice of an attempted Certified Letter from an Attorney, re: Fertel. I googled the attorney, and it was a Medical Malpractice atty, and the return sender's name of David E. Fink, Esq, and then "D. Fink P.A." Wondering if that means his personal assistant sent a letter to scare me. this is becoming bizarre! What should I do?
Submitted: 4 years ago.Category: Legal
Show More
Show Less
Ask Your Own Legal Question
Answered in 2 minutes by:
8/27/2013
Lawyer: Dwayne B., Attorney replied 4 years ago
Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 34,304
Experience: Began practicing law in 1992
Verified

JD 1992 :

Hello, and thank you for contacting Just Answer. I am an expert here and I look forward to assisting you today.

JD 1992 :

I need you to be a little more specific in your question(s) if you could. When we answer general ones like "what should I do" we have to give general answers and, invariably, the customer responds with "I already knew that". This type of forum works better if you ask specific questions so we know exactly what you are looking for.

JACUSTOMER-7oxydesc- :

What is my best recourse to get my purchase refunded when this company's return policy was designed to be difficult if not impossible to meet? They have a 30 day 100% return guarantee: 100% Money-Back Guarantee


Ordering is RISK FREE. In short, if you're not satisfied for any reason, just return the materials to me in resalable condition received anytime within 30 days of ordering, and as long as you've used me for your private 1-on-1 session (included with your registration) by then, I'll gladly refund your money. I can't be any fairer than that. No questions asked. But I know it won't happen because this program works and I'm going to be there for you every step of the way to make sure you succeed. yet it takes over 30 days to book an appointment for their required "laser session". Their course materials advise that you to get well into the program (i.e. spend a lot of time while "the clock is ticking"...) before scheduling this 10 minute session. I began leaving messages with customer service a full week before the 30 days was up, yet it took 5 days for them to actually answer the phone.

JD 1992 :

Did you pay for this via credit card?

JACUSTOMER-7oxydesc- :

Didn't mean to send this conversation yet.... Please note that to return the product you must have used the "laser session" yet when I tried to book the session, there were no appointments within a 30 day window.

JACUSTOMER-7oxydesc- :

Yes I paid by AMEX and it is under dispute. Yesterday I received two notices of Certified mail from an attorney regarding this from Mort Fertel. Do I have to sign for them? I have done nothing to warrant legal action.

JD 1992 :

You don't have to sign for them but you probably should. If you don't they'll just file suit.

JD 1992 :

Your best solution at this time is to turn it over to a lawyer, the only way to get your money back if AMEX ends up siding with them is to file a lawsuit.

JD 1992 :

In a case like this where they make it impossible to meet their requirements then a judge will just ignore the impossible requirement.

JACUSTOMER-7oxydesc- :

Senders name is David E. Fink, ESQ , on the return receipt, but on the certified letter it says D. Fink P.A. - maybe a personal assistant? I think they are bullying me. The company is in Baltimore and I am in California. it is a $400 product, hardly enough to file suit over don't yu think?

JD 1992 :

PA is usually Professional Association.

JACUSTOMER-7oxydesc- :

This fink fellow is a Medical Malpractice Lawyer... seems fishy

JD 1992 :

You need to check your contract and see if you agreed to venue being in any particular place.

JD 1992 :

AMEX is pretty good about siding with their customers, unlike some companies.

JACUSTOMER-7oxydesc- :

This was an online purchase, I wouldn't have spent this amount of money without the guarantee. I was trying to contact them a full week before the 30 days was up, and it took 5 days to actually speak to customer service.

JD 1992 :

That's not uncommon for this type of purchase.

JD 1992 :

They count on people giving up before they get a resolution.

JACUSTOMER-7oxydesc- :

I can't find any information about legal issues on their site so far...

JD 1992 :

Did you have an actual signed contract or just a click thru on their website.

JD 1992 :

?

JACUSTOMER-7oxydesc- :

Can I leave this open with you until I receive the legal letter and see what it says?

JACUSTOMER-7oxydesc- :

Just a click through purchase. I'm looking for the receipt now...

JD 1992 :

It will time out within a day or two and close but you certainly can feel free to come back when you get the letter. Also, once you issue a Positive Rating the question locks open and will no longer time out so if you think of any follow ups later you can always come back to it as well.

JACUSTOMER-7oxydesc- :

Thank you for your order!

Order Information
Merchant: Marriage Max
Description: Marriage Fitness with Mort Fertel OrderId XXXXXXXXX /td>
Invoice Number: 211544419

Billing Information
Jan Davidson
7320 Santos Road
Lompoc, CA 93436
US
[email protected]
(XXX) XXX-XXXX
Shipping Information

Total: US $414.99

American Express
Date/Time: 28-May-2013 16:11:00 EDT
Transaction ID: 5271434998
JACUSTOMER-7oxydesc- :

That's it for my receipt.

JD 1992 :

Nothing on there that makes a difference one way or another.

JACUSTOMER-7oxydesc- :

I also filed a negative review on a website called trust pilot. That probably pissed them off if they even know about it, but it was factual.

JD 1992 :

If it was factual then you aren't in any danger from that.

JACUSTOMER-7oxydesc- :

Trust pilot was very careful that there was no defamatory language and confirmed that I had actually made the purchase

JACUSTOMER-7oxydesc- :

That's why I'm surprised they sent a legal document. Also AMEX has not closed the dispute yet.

JD 1992 :

It may just be a form letter that an in house counsel sends.

JACUSTOMER-7oxydesc- :

CAn you delete my receipt if this is not a private conversation?

JD 1992 :

I can ask them to hide the conversation when we are through and you have issued your rating.

JACUSTOMER-7oxydesc- :

Why would in house council be a Medical Malpractice Attorney - nothing about any other business type of representation:

JACUSTOMER-7oxydesc- :

Medical Malpractice
Personal Injury
Social Security Claims
Life Insurance Claims
Insurance Disputes
Workers Compensation
Lead Paint Poisoning
Automobile Accident
Birth Injury

JACUSTOMER-7oxydesc- :

Getting appropriate compensation for your injuries is difficult and representation from knowledgeable accident attorneys can make all the difference. Insurance companies have lawyers to settle quickly, leaving you and your loved ones in a vulnerable position. David E. Fink is an injury attorney dedicated to fighting insurance companies to attain the maximum compensation for his clients.

Don't settle out of court before consulting with David or another of Maryland's accident lawyers to discover the compensation to which you are entitled. If you are seeking accident attorneys or DUI lawyers in Baltimore, browse our website to learn more about why David E. Fink is the best choice. Contact our Baltimore office for more information or to schedule an appointment for a free initial consultation to discuss your case with an experienced personal injury attorney.

What Makes David E. Fink Your Only Choice?
David E. Fink has been a practicing Maryland Attorney for the State since 1991. He is the recipient of the prestigious "AV Outstanding" Rating From Martindale-Hubbell National Attorney Rating Firm.

He has been honored by inclusion in The Bar Register Of Pre-eminent Attorneys, has been a speaker at The Judicial Institute of Maryland and has lectured and published extensively in the area of Insurance Dispute and Workers' Compensation.

JD 1992 :

They may be related to the person that owns the company, etc.

JACUSTOMER-7oxydesc- :

Seems a wierd choice for a marriage experts opinion

JD 1992 :

It is unless there is some other connection.

JACUSTOMER-7oxydesc- :

How do I find out any legal stuff if not on his site? If it's not posted, and the policy is obviously intended to me difficult if not impossible to meet, it's misleading. Isn't that illegal?

JD 1992 :

My guess from experience is that there is a "terms and condition" that you have to check off that you read before making the purchase. That would be the only time you would normally see it.

JACUSTOMER-7oxydesc- :

I'm looking on their site map and nothing there...

JACUSTOMER-7oxydesc- :

Here's the order page Marriage Fitness Audio Learning Program
5 CD system that includes:
Step-by-step instruction for how to save and restore your marriage.
Inspiring stories that'll offer you hope and motivation.
Special relationship practices that'll turn your spouse around too.



Questions? Email [email protected] or call XXX-XXX-XXXX
Checkout Confirmation
100% Safe and Secure Order FormBilling Information
Required fields are in bold.

First Name
Last Name
Company
Phone
Email
Confirm Email
Your Info is Secure: Privacy Policy
Address
Address 2
City
ZIP/Postal Code
Country
State
Remember my information

Subtotal: $69.95
Shipping: $6.99
Total: $76.94
Shipping
Ship to a different address?

Payment Information

Name on Card
Card Type
Card Number
Expiration Date / (MM/YYYY)
CVV2What's this?
Other Information
How did you hear about us?
Comments/Special Delivery Instructions



© 2013 Marriage Fitness with Mort Fertel - All rights reserved.Powered by 1ShoppingCart

Questions? Email [email protected] or call XXX-XXX-XXXX

JACUSTOMER-7oxydesc- :

Nothing there to check about any policies.... Just the big GUARANTEE - that part didn't copy, but it's very bold 1.5 tall x about 8" "100% Money back Guarantee" that I posted earlier in this conversation.

JD 1992 :

I've never seen one quite like that. However, there is no law that says they have to have terms and conditions.

JD 1992 :

They just can't rely on them if they don't.

JACUSTOMER-7oxydesc- :

I authorize MarriageMax, Inc. to charge my credit card for the above total. I declare that I accept the business terms and conditions and refund policy.

JD 1992 :

But there are no "business terms and conditions and refund policy"?

JACUSTOMER-7oxydesc- :

Not that I can find anywhere. I returned the materials in perfect condition, however I was discussing the return with customer service and we sent emails back and forth, when I tried to book the session, and there were no appointments for over 30 days, they then said somehting to the effect, "We looked up your receipt and your 30 days are up tomorrow - no refund NO EXCEPTIONS"

JACUSTOMER-7oxydesc- :

I have the email chain, just have to remember his assistant's name. This is after it took 5 days to speak with someone...

JD 1992 :

If it didn't say that before you paid then they can't hold you to it.

JD 1992 :

In addition, they can't stall and make you miss a requirement.

JACUSTOMER-7oxydesc- :

They totally stalled. I received a call responding to my original message a week before the time was up, but that was way after the deadline. I have it all documented in the materials I sent to AMEX even my notes in my appointment book and online calendar!

JACUSTOMER-7oxydesc- :

That wasn't clear. Someone called repoonding to my timely call, but that was something like 10 days later.

JD 1992 :

You're not going to have a problem winning the case but that may be what it takes, you actually having to file a lawsuit.

JACUSTOMER-7oxydesc- :

Hope AMEX supports me. What about the Better Business Bureau in Baltimore?

JD 1992 :

The BBB doesn't have any power any more.

JACUSTOMER-7oxydesc- :

Bummer.

JACUSTOMER-7oxydesc- :

Can't find the terms and conditions, I think they are the same as the guarantee. They just stalled and didn't work with me at all. I've seen onlin where other clients have been treated this wasy to, one where VISA supported them (customer) and one where AMEX didn't.

JACUSTOMER-7oxydesc- :

Thank you, I'm late for dinner to celebrate my 35th anniversary....

JACUSTOMER-7oxydesc- :

Ironic, huh?

JD 1992 :

Yes, it is, just a little.

JD 1992 :

I do wish you the best on this but if you pursue it you should be successful.

JACUSTOMER-7oxydesc- :

I'll wait to see what this certified letter has to say... bye for now

JD 1992 :

If you have to sue you can also recover your attorney's fees if you decide to hire a lawyer.

JD 1992 :

Bye.

JACUSTOMER-7oxydesc- :

Thanks Bye.

JD 1992 :

Best wishes to you. Please don't forget to leave a Positive Rating (of course I'd suggest Excellent) so I get credit for my work. The experts only get credit from the website when you issue a Positive Rating.

Ask Your Own Legal Question
Ask Dwayne B. Your Own Question
Dwayne B.
Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 34,304
34,304 Satisfied Customers
Experience: Began practicing law in 1992

Dwayne B. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,775 satisfied customers

JD, BBA Over 25 years legal and business experience.

Ely

Ely

Counselor at Law

24,353 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

20,727 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

42,358 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo J. Senmartin, Esq.

Guillermo J. Senmartin, Esq.

Attorney

292 satisfied customers

7+ years of experience handling various legal matters.

< Previous | Next >

Related Legal Questions
My home insurance policy re: full replacement cost. Language
My home insurance policy re: full replacement cost. Language was confusing so I had some words with agent who got mad and told me to go shoping. So I did. On potential new agents screen it said my cur… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
42,358 satisfied customers
My car insurance policy was canceled because I was
Hi, my car insurance policy was canceled because I was ill-informed is there something I can do? … read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
42,358 satisfied customers
A life insurance policy which was cancelled in October,
a life insurance policy which was cancelled in October, November, and December, and on auto-pay has still not ceased. what to do? … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,317 satisfied customers
My mother had an insurance policy when changed benficerarys
My mother had an insurance policy when changed benficerarys she put the date in the wrong spot, and she never received the letter saying her beneficerarys where not changed, after she passed the money… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,317 satisfied customers
I am sold a insurance policy and I have a copy of the letter
Second opinion] I am sold a insurance policy and I have a copy of the letter of confirmation, the certificate of insurance, when claimed form is submitted I am told I was not sold the amount of insura… read more
Bill Attorney
Bill Attorney
law
1,585 satisfied customers
Is there ever a med pay deductible on a homeowners policy?
Is there ever a med pay deductible on a homeowners policy? … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,317 satisfied customers
If public policy bars a plaintiff from recovering on a
If public policy bars a plaintiff from recovering on a contract, would that be an issue on appeal?… read more
LegalGems
LegalGems
Juris Doctorate
10,686 satisfied customers
We need advice on universal life insurance policy. New
We need advice on universal life insurance policy. … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,317 satisfied customers
I am a grandfather who took out a life insurance policy for
I am a grandfather who took out a life insurance policy for my 19 year old … read more
INFOLAWYER
INFOLAWYER
Attorney
Doctoral Degree
20,727 satisfied customers
I am the beneficiary of a life insurance policy and the
I am the beneficiary of a life insurance policy and the insurance company won't make the check out to me.they keep sending it to the estate of Don Sergott so the bank won't cash it. I called them and … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
I have a policy with aflac...I was unaware that I should
I have a policy with aflac...I was unaware that I should have contacted them to update my policy regarding my salary increase. Since I opened the policy I have never heard from any agent. Now I just h… read more
Marsha411JD
Marsha411JD
Doctoral Degree
20,221 satisfied customers
HO2 and Wind policies in place and premiums paid with Trust
HO2 and Wind policies in place and premiums paid with Trust as named insured. Deed recorded in FL naming three co-partners/equal shares. Insurance carriers require new application for each policy. How… read more
INFOLAWYER
INFOLAWYER
Attorney
Doctoral Degree
20,727 satisfied customers
Can a policy owner borrow against a life policy without the
can a policy owner borrow against a life policy without the signature of an irrevocable beneficiary … read more
INFOLAWYER
INFOLAWYER
Attorney
Doctoral Degree
20,727 satisfied customers
We just received a copy of the insurance policy the cover
We just received a copy of the insurance policy the cover letter says that it doesn't provide any coverage for automobile accidents. I've attached it please let me know what you think thank you… read more
Michael Bradley
Michael Bradley
JD
1,191 satisfied customers
My mother has a insurance policy that matured in 2007 and
my mother has a insurance policy that matured in 2007 and cant ins. to tell us anything what should we do. … read more
Barrister
Barrister
Attorney/Landlord/Realtor
Doctoral Degree
35,307 satisfied customers
I am planning on buy in a separate insurance policy with a
I am planning on buy in a separate insurance policy with a different company for my teen driver and myself with specific vehicles. Can my current insurance company legally raise my rates on vehicles t… read more
INFOLAWYER
INFOLAWYER
Attorney
Doctoral Degree
20,727 satisfied customers
I bought an insurance policy and one of the statements in
Hello, I bought an insurance policy and one of the statements in the policy make me think the policy is not valid. "This policy is written by an unauthorized insurer and is not subject to the filing o… read more
INFOLAWYER
INFOLAWYER
Attorney
Doctoral Degree
20,727 satisfied customers
If a beneficiary to an insurance policy dies, do the
If a beneficiary to an insurance policy dies, do the proceeds get distributed according to that beneficiary's will or are they distributed according to the Insurance policy such as divided equally amo… read more
Michael Bradley
Michael Bradley
JD
1,191 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x