Legal Question in Consumer Law in Michigan

Consumer Harassment?

This is over a gas purchase. I ran my debit card at the pump and it authorized it, but at the end of the transaction, the screen on the pump read ''pay inside''. I inquired inside where I was told that they had lost power and it didn't take. I was leery of the motives of the person behind the counter and objected on the grounds that it had already processed the card. He was not able to prove to me that there was a malfunction, so I left all contact info (name, address, home & biz phone #s) and asked that he have his mgr call me if there was a problem. I was in a hurry and he didn't have an immediate solution, so I left, knowing the mgr could contact me if need be. I returned home (45 min away) to a message from the clerk, saying that they had checked the tapes and it didn't charge me and if I didn't come in immediately they would call the police. I checked my online banking and it HAD charged me. I faxed the mgr a copy of this from my bank, but they still called the police. The mgr was totally uncoperative, but when I talked to the State Trooper, he said that he did not believe my motives to be criminal. I feel harassed and threatened by their reporting me WRONGFULLLY to the police and wonder if I have any recorse.


Asked on 12/31/05, 8:29 pm

1 Answer from Attorneys

Rochelle Guznack Law Offices of Rochelle E. Guznack, PLLC

Re: Consumer Harassment?

I would not encourage you to pursue a lawsuit. First, you did not suffer any monetary damages. In addition, you would have to prove bad intent on the part of the gas station employee/owner. This could be difficult, if not impossible.

You can get a second opinion, but I think you should just put it behind you. Of course, if criminal charges are brought, that is a different story, and you should immediately seek the assistance of an attorney.

This communication does not establish an attorney-client relationship and should not be construed as a conclusive legal opinion due to the limited information/facts provided.

Good luck and happy new year.

Rochelle Guznack

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Answered on 1/01/06, 10:29 am


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