Legal Question in Consumer Law in California

Failure to refund without providing service

I recently tried to sign up with a Web-Hosting company that would host a Web Site that I was making. They provide the domain name and host it with yearly contracts. Before signing up, there was a form where I entered the domain name I wanted for my Site to see if it was available, and they told me it was. So I continued with the sign up process and ordered the domain name from them with my credit card. After charging my credit card, they told me the domain name actually was unavailable, and that someone must have just registered that name right before I did. Now they won't refund my credit card due to their no refund policy, but they never did provide me with service, and after explaining it to them several times they will not credit my card. What should I do?

Asked on 4/25/02, 12:43 am

2 Answers from Attorneys

Ken Koury Kenneth P. Koury, Esq.

Re: Failure to refund without providing service

dispute it with the credit card co

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Answered on 4/25/02, 1:44 am
Robert Mccoy Law Office Of Robert McCoy

Re: Failure to refund without providing service

This sounds like a case of fraud. Even if the fraud was unintentional you still can sue the company for constructive fraud. If the amount is less than $5,000 then you should sue in small claims court--but you will first need to check to see if the company has an agent for service of process in Cal.--if not, you will need to contact an attorney in the state where the company is to file for you.

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Answered on 4/25/02, 1:29 pm

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