Legal Question in Banking Law in Virginia

I ordered a free trial for Acai Berry Detox on September 9 2010. (all I was supposed to pay was $3.47 for shipping) In the terms and conditions on the web site it states that the membership must be canceled within 10 days of ordering the product to avoid being charged $87.47. On September 17 2010 I was charged $87.47 from my bank (only 8 days after I ordered) I called the company on September 17 2010 to cancel the membership as well as to get a refund on the $87.47. I spoke with a superviser who assured me the money would be back into my account within 5 business days. After 5 business days the money was not back into my account so I called the company again and spoke with another rep who told me that it could take upto 15 business days. After 15 business days I called again and was told that the refund would be in my account that day. After waiting another week I called again and got the same response. Is there anything I can do to get my money back? Also did they legaly take the money out of my account even though it was only 8 days after I ordered? If not what can I do? ie. sue them I have already reported this to the BBB.

Asked on 10/18/10, 6:47 am

1 Answer from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

If the charge was against your bank (Visa) or other credit card, you should immediately send notice in writing to your bank or card issuer inforiming them that you are putting the charge in contest and requesting a charge back for this transaction.

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Answered on 10/24/10, 9:44 am

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