Legal Question in Business Law in California

Question

I placed an order with a company and the item was listed as pending. It has been pending for over a month and i just received my credit card statement and they have charged me for it before shipping or even having the product in stock. Are there laws against this practice? If so, please let me know so i can possibly take actions against the party. Thank you.


Asked on 8/21/06, 1:17 pm

2 Answers from Attorneys

henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

Re: Question

Reasonable steps would be to call the company & advise them that since the item is pending, you should not be charged. Get the name of the person and extension. Then contact the credit card company, and dispute the charge. If you have any other questions, contact me.

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Answered on 8/21/06, 1:32 pm
Lawrence Graves Coolidge & Graves PLLC

Re: Question

Your easiest remedy is to dispute the charge, which results in an ACH charge-back against the vendor. Of course, this is likely to cancel the sale, but if you can't get any reply from the vendor it is your best approach (that way, you won't be stuck with the charge).

I do not believe that it is illegal for a vendor to charge a customer before shipping as long as the vendor is going to ship the product and not just take the money. It is contrary to the VISA/Mastercard standard merchant agreement that governs the credit card processing arrangement between the vendor and its credit card provider, which is why most vendors don't do it.

Best wishes,\

LDWG

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Answered on 8/21/06, 3:44 pm


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