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I am having a very difficult time obtaining a refund owed to…

I am having a...

I am having a very difficult time obtaining a refund owed to me on behalf of www.justfly.com
Originally, I purchased four round trip tickets for four passengers. I realized that there was a misspelling on one of the passengers name so I called to tried to get this fixed (with in 24hours). I was told by the rep of Just Fly that no name changes were allowed. I called back that same day, a few hours later and was then told by another rep that I was given the wrong information and in reality a name change could have been done. At this point, I had already purchased a separate ticket through a different travel company to replace the fourth ticket I needed. So I no longer needed that ticket with the misspelled name. I then proceeded to cancel the ticket with the misspelled name after verifying with the rep that I would not be charged a penalty for this cancellation. Which they assured me that I would get a full refund from both airlines. To date I have only received a refund from one airline (Spirit) but not the other ( Frontier). I called Frontier airlines directly and they told me I needed to go through Just Fly to request my refund. I have spoken to numerous reps of Just Fly, each one telling me that it will be investigated and that someone from management would call me back with a status update. This has been ongoing since the end of January. I have called at least 6 - 7 times and each time I spent at least 40minutes on the phone, being placed on hold or being transferred from one dept to another. Once again, each call ending with the rep of Just Fly telling me that someone will contact me within 24-48 hours. I have not once received a call back. I have asked numerous times to speak to a supervisor or manager and they are always unavailable. I find it absurd that after so many calls they have yet to process my refund. They state all calls are recorded but seem to always have an issue with pulling up my account information and notes from all my previous calls. At this point, I am not certain that I can count on them to give me my refund. It has become very frustrating. On the last call I advised them that I would seek legal advice if there was no resolution to this.Any recommendations on how to proceed. Do I take legal action? What are my options (if any)?Thank you. *****: Because traffic laws vary from place to place, can you tell me what state this is in?

I am located in Illinois.

Lawyer's Assistant: What steps have you taken so far?

None, yet. Aside from the numerous phone calls i have placed with this company

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

I believe that quickly summarizes my issue. Thanks.

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Answered in 1 minute by:
3/15/2018
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 13,469
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Customer reply replied 4 months ago
Sure. I will await your response after you review my question. Thanks.

I'm sorry to hear about your situation.

This appears to be a breach of contract based on the failure to perform within a reasonable time in terms of providing the refund. Courts regularly look toward the Uniform Commercial Code as their guide, since many states have adopted this code into their own statutes. Under UCC Section 2-309(1), the law says that each party has a reasonable time to perform if it is not expressly stated in the contract. What is considered “reasonable” is a matter of fact and depends on the circumstances, but it is an argument that you would have to make that it is unreasonable. Regardless, there is a legal basis for your particular claim. There’s a site that I’ve used in the past where you can find a good template for advising of a breach of contract. It's a bit easier (and cheaper) than going through litigation and I have seen it be effective in the past. If this doesn’t work, sadly, the only other option is to either go through an informal mediation or file a lawsuit in your local court. This website is also pretty cool because all you need to do is click, purchase, and download. Click here to get started.

You may not want to consider a lawsuit at this stage as there are often government and non-profit resources that may help. You may want to consider your state’s BBB chapter or the state Attorney General’s office. Both of those organizations are dedicated to fighting fraud by businesses and if you run through the analysis above, then they can probably provide more help. Plus, the industry that you are thinking of challenging here may be governed by specific rules in your state and it could trigger a broader investigation by the government as well.

What other questions did you have for me today?

Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 13,469
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Customer reply replied 4 months ago
Thank you for your response. This is helpful as you have pointed me in the direction. I will start with the BBB and possibly contact the Attorney Generals Office as well. I hope to have this matter resolved in order to avoid going through litigation.Once again thank you for your legal advice. Have a nice day.

The pleasure is all mine! Unless you have additional questions, there’s just a few other things I’d like you to know before we wrap up this conversation:

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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.

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