Legal Question in Consumer Law in Oregon

I purchased a sewing machine on 9/5/2013. On 9/10/2013 I received a call from the store demanding I return to re-do the transaction. It seems their accountant discovered an error in the sale and I had been undercharged $1500. Prior to contacting me the store processed a new charge on my account for the $1500. What is my legal obligation? Did they have the legal right to charge the funds to my account without my permission? The sale took place in Oregon

Asked on 9/11/13, 8:42 pm

1 Answer from Attorneys

David Clarke David C. Clarke, Attorney at Law
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Call your credit card company to dispute the additional charge to your credit card. That will put it on hold and give you time to go back to the store to discuss the mistake. Relevant issues are: Whether you knew the price was $1500; Whether the correct price was marked on the product; Whether you did anything to fraudulently change the marked price from $1500 to $500; Whether you want the product at the price of $1500. If you knew the price was $1500, you should pay it. If the product was mis-marked by the seller causing you to believe the price was actually $500 then they should eat their mistake, meaning you should be able to keep the product at $500. If you did not know the price was $1500 and the price was marked $1500 but the cashier or accounting made a mistake, then you could choose to return the product for a full refund of your $500 or pay the full price of $1500. Bottom line is to put the additional charge on hold with your credit card and try to negotiate something with the seller. If in the end you feel you are entitled to the product at $500 and cancel the additional charge on your credit card, then it's possible the seller could try to sue you for the difference or even file a theft complaint with the police. Whether seller could win a civil law suit or whether you would be charged with theft would depend on the facts proving or disproving the issues I listed above.

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Answered on 9/12/13, 7:31 am

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