Legal Question in Credit and Debt Law in California

Mail-order merchandise returned but no credit given

I ordered clothing from Coolware Co, in California (I'm

located in Maryland). Some items didn't fit, so I

returned them, but never received a credit.

The package was sent via UPS (not insured) and was

verified as being delivered. I sent them an email

requesting credit, but received no response.

Next, I sent them a Certified Letter, which was delivered

and signed for, but I still heard nothing.

Finally, I contacted the Better Business Bureau with my

problem. They attempted to contact CoolTan, but also

recieved no response. (This was their second

complaint with the BBB, and the other had also

received no response from CoolTan!)

The amount was only $177, but I'm determined to get

some satisfaction... especially since they continue to do

business with unsuspecting customers! In their glossy

brochure and on their website they claim: ''If you don't

like a Cooltan product, just send it back for an

exchange or refund, whichever you prefer.'' But how can

this be enforced?

What options do I have? If I file in Small Claims Court,

would I be expected to travel to Shingle Springs, CA?!

Have any inter-state laws been broken?


Asked on 2/13/03, 3:55 am

2 Answers from Attorneys

G. Joseph Holthaus III Law Offices of G. Joseph Holthaus

Re: Mail-order merchandise returned but no credit given

Consider filing a complaint with the Federal Trade Commission. Go to their website

at http://www.ftc.gov/. See the on-line complaint form as well as their discussions about e-commerce under the Consumer Protection tab.

Anyone who has a problem with an internet vendor should make a complaint through the FTC because it helps to protect others from further actions of the vendor.

You are applauded for thinking of others and taking action.

Consider filing a complaint with the Maryland Attorney General, you can find them at http://www.oag.state.md.us/Consumer/. The Maryland Attorney General offers mediation services and this may be beneficial.

Consider looking for a similar state level agency in the state of the vendor to make a complaint in the vendor's state.

If you paid by credit card, consider registering a dispute of the charges. If you paid by PayPal or other e-commerce payment then a similar payment dispute process usually exists.

If you want to sue them in Maryland, you have access to the courts. The vendor has to defend here under Maryland's long-arm statute. The long-arm statute is somewhat complicated and is embedded with legal

terms but it basically says that where a vendor seeks your business in a state other than the vendor's business location, that vendor has agreed to submit to legal process in such state since it sought business there.

There are other considerations with the long-arm statute and other matters such as making your complaint and obtaining personal jurisdiction. The clerk of the court may be of help.

BE ADVISED THAT YOU SHOULD NOT TAKE THIS INFORMATION TO BE LEGAL ADVICE.

THIS E-MAIL CONTAINS INFORMATION ABOUT THE LAW GENERALLY. THIS GENERAL INFORMATION IS LIMITED IN COVERAGE AND SHOULD NOT BE INTERPRETED TO APPLY TO OTHER MATTERS. WHEN CONFRONTED WITH A LEGAL MATTER, THE BEST ADVICE IS TO SEEK THE ASSISTANCE AND REPRESENTATION OF AN ATTORNEY.

I hope this information is of assistance. I am a general practice attorney in Maryland and am available to assist you should you have any legal service needs. Referrals are appreciated.

G. Joseph Holthaus III, Esq.

(410) 799-9002

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Answered on 2/13/03, 9:58 am
Michael Worsham Michael C. Worsham, Esq.

Re: Mail-order merchandise returned but no credit given

Check if the contract you signed with them has an arbitration agreement in which you wiaved your right to court. Otherwise you can file in MD and they have to come to MD. You can find out their resident agent for service of process at residentagentinfo.com under CA.

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Answered on 2/13/03, 10:27 pm


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