Legal Question in Business Law in Texas

I bought a gift card from a restaurant in the amount of $30 before our meal, prior to leaving the restaurant, I changed my mind and wanted to return the unused, untouched gift card and receive my money back in the original form of payment (credit/debit card transaction) I was told by the manager that he could not do that bc he "could not open a credit card for a refund."

I checked the restaurant's website and it shows that a refund can only be done in states where it is required by law. I live in the state of Texas.

Can I get my money back showing proof of purchase via a receipt back on my card with no issues/problems??


Asked on 11/12/10, 8:35 pm

1 Answer from Attorneys

Kevin B. Murphy Franchise Foundations, APC

As a franchise attorney familiar with how restaurants process credit card card transactions, I can say the manager's statement is laughable. It's very easy to issue a credit back to a credit card. The more important issue is the refund policy. Sure, something may be stated on the website, but was it stated at the restaurant where you made your decision to buy the gift card? You can always dispute the charge when it appears on your credit card statement. You can also try going up higher in the chain of command, to the corporate h.q. level. Their website will give you contact info for this. Good luck. Consult with a good business or franchise attorney in your area for specific advice.

Mr. Franchise - Kevin B. Murphy, B.S., M.B.A., J.D.

Franchise Attorney

Franchise Foundations APC

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Answered on 11/18/10, 5:25 am


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