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I got this letter from a client who is basically tying to…

I got this letter from...
I got this letter from a client who is basically tying to extort a free jacket. I need help on how to respond. He also tried to dispute it with CC company thus conducting chargeback fraud and was denied. What are my options?
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Answered in 4 minutes by:
3/12/2018
Attorney Wendy
Category: Legal
Satisfied Customers: 1,154
Experience: Member at Keefer & Keefer LLC
Verified

Hello. My name is ***** ***** I am an attorney. I am reviewing the letter and preparing a response and should have that to you shortly.

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Customer reply replied 4 months ago
Thank you Wendy

If you are comfortable that the jacket delivered is as promised, I would propose a response letter that says something like the following: "I appreciate your contacting me about the blazer you ordered and received last April. A review of our files indicates that the jacket was made to your specifications and as advertised. Customer satisfaction is our top goal. And, if there is a failing on our end, we will make it right. A simple change of mind, however, as to whether this is the type of jacket or blazer you wanted cannot justify a full refund. In an attempt to resolve this issue, I would like to offer you a 25% discount on another style product." The key here is for you to evaluate all the circumstances - Did this customer contact you prior to this letter? What discussions were had or attempts made to address any concerns? If these jackets are made to order, which is sounds as if they are, you may want to set that reminder out in the letter stating that since the jacket was made to order it cannot be returned and resold to another customer. Thus, returns are only available when the jacket was not made to the specifications (measurements) ordered. I inserted the 25% discount as a suggestion, but you may decide you do not wish to make that offer if you do not want to continue a relationship with this individual. It may be worth offering a 25% refund on the jacket. Certainly, based on what you've told me, it doesn't appear a refund is due unless you did make a representation that it could be returned, "if you don't like the silhouette." So, it may be worth also going through any communications you had with this customer to make sure guarantees like that were not made. If the dispute with the credit card company was denied, that is as good sign as to whether the reasons are legitimate, but you also want to consider steps to avoid any legal action, which even if you are successful will take time and money.

Let me know if you have further questions or need any more help by replying to this email. If I answered your question and provided excellent service, I would greatly appreciate your 5 star rating at this time.

Please note: This information is for educational purposes only and is not legal advice. No course of action is being proposed to be undertaken by me and no attorney-client relationship or privilege has been formed as a result of this conversation.

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Customer reply replied 4 months ago
I don’t wish to do business with this client as he is looking to get a new jacket made for him for free since he changed his mind about the original fabric he picked. I know that he will try to sue me in small claims court if I don’t abide by his wishes. Just so I am clear, this is considered extortion or blackmail correct?
Customer reply replied 4 months ago
we will remake jackets only if a mistake was made in the fit but in this case it wasn’t. He asked us to make some alterations, we did and then he refused to pick it up and put the claim in that since the jacket is with me, the order is canceled and he should get a full refund.

Extortion and blackmail or very technical criminal terms. I do believe he is trying to get something for nothing and using the threat of a lawsuit to try to coerce you. If you do believe he will sue, I would still consider a small refund of a portion of the price that, if he accepts, will prevent him from suing (you would want his written agreement that he is accepting that amount to settle all issues between the two of you) and make it more difficult for him to take other actions that could negatively impact your business (e.g., bad reviews, complaints to various local governments, etc.). Sometimes taking a small amount to make someone essentially go away so you can get back to your work without having to worry what's coming next, is a valuable choice. It is very rare that any prosecutor would charge blackmail or extortion for this type of action because things like the quality and fit of the jacket can be subjective. I would send him the jacket and consider the partial refund or just send him the jacket and leave the refund out of your response. You do need to send him the jacket if you are not going to issue a refund, even if he says he does not want it. I would consider sending it with your response stating it is included since, as he is aware, it was made to order, was made according to his selections and size, that alterations were made as requested and that it is now his jacket.

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Customer reply replied 4 months ago
okay. Thank you very much!

You are very welcome and I am sorry that you are having to deal with someone's attempt to take advantage. Best of luck getting this resolved quickly.

Attorney Wendy
Category: Legal
Satisfied Customers: 1,154
Experience: Member at Keefer & Keefer LLC
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Attorney Wendy and 87 other Legal Specialists are ready to help you
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Customer reply replied 4 months ago
Thank you.

You are welcome - have a great Monday!

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Customer reply replied 3 months ago
Hello Wendy, you helped me with this case in the beginning. I have a new question regarding this now. I have sent the jacket to the client and without opening, he just had FedEx return the jacket to me. What should I do now? I think he trying to come up with another fraudulent dispute.
Customer reply replied 3 months ago
Thank you for any advice you can give.

As it is a custom-made jacket, I would consider just holding on to it and then maybe sending a letter or message stating that the jacket he ordered was made correctly and shipped to him via FedEx on [insert date] [include tracking #] but was returned by him. That as the jacket was made to specifications and adjusted (as I recall) per the customer's request and fully satisfied his order, as he knew at the time of ordering, the jacket is not returnable as it is not something that can be sold to another customer. Let him know that the jacket remains ready for him to claim and will be held for him and shipped to him when he instructs you to do so. You just want documentation that you tried to deliver it and that he wrongfully refused delivery. He may still claim you made other promises (as I recall about how it looked and hung when on); if you have any written policy about returns on a website or on any correspondence related to his order you might want to include a copy of that language.

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Customer reply replied 3 months ago
Thank you Wendy!

You are welcome; unfortunately, some people are just never happy. Hopefully he will drop this.

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