Legal Question in Consumer Law in Massachusetts

I believe i am a victim of a vacation cruise scam. I called a number left on my answering machine about a free cruise. I spoke to Ashley who told me I only had to pay for port charges of 118.00 for my fiance and I and the 3day 2night cruise would be free. I was required to pay during the call but I didn't have my credit card so I told her to call my fiance and she would pay the 118.00 When my fiance spoke with her she tried to sell her additions to the vacation and led her to believe that she had discussed this with me. When my fiance said she wanted to talk to me first she was transferred to a supervisor or offered some free upgrade. After alot of fast talking she ended up paying 516.00. I called and said this is not what i discussed with Ashley and i wanted a refund but I was told that there were no refunds in Massachusetts. I said my fiance is not an authorized user on my card and I would call my credit card company and dispute the charge . They said they would sue my fiance for fraud because she gave them my credit card. Can they do this and do I have a case for a refund?


Asked on 11/16/09, 10:04 pm

1 Answer from Attorneys

Craig J. Tiedemann Kajko, Weisman & Colasanti, LLP

You can try reporting this to the Attorney General's Office, Consumer Protection division. See if they can help. Definately dispute the charge with your credit card company on grounds they charged your card for amounts you did not authorize, and did so by making fraudulent misrepresentations to your fiance. The threat about suing your fiance for fraud is ridiculous, and the inability to give refunds "in Massachusetts" is also deceptive and untrue. The best course would be to hire a lawyer to write a demand letter under the consumer protection statute, but it sounds like that would not be cost effective here.

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Answered on 11/23/09, 2:35 pm


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