Legal Question in Business Law in California

I ordered a package for clothing and accessories online. They took about a month and a half for them to send some clothing but did not send the accessories. I contacted them again and asked about the rest. They said once they were in stock again they would ship. I see tweets on twitter that other people have been receiving their stuff. What can I do if this keeps continuing? Can I sue them?


Asked on 3/30/11, 11:06 pm

4 Answers from Attorneys

You are much better off just disputing the charge on your credit card. You must do so within 60-days of when it appears on your statement, though, so you don't have much time.

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Answered on 3/30/11, 11:33 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Yes, you can sue them, but unless this was a large wholesale order, your costs will exceed your recovery. You should ask for a refund of your balance and acquire the accessories elsewhere.

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Answered on 3/31/11, 9:31 am
Kevin B. Murphy Franchise Foundations, APC

As a Franchise Attorney all I can say is welcome to the world of online retailing. In the future, only order from well-established retailers and verify what's in stock (and not) before placing your order. Sure, you can always sue, but why not just ask for a prompt refund? 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 Foundations, a Professional Corporation

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Answered on 3/31/11, 11:59 am
Rodney Mesriani Mesriani Law Group

On the question of whether you can sue, you definitely have a recourse to file a claim. However, initially, it might not be economically sound.

We understand your situation and we believe that your case should be given a more thorough evaluation in order to be sure that you get the maximum relief, granted your situation. Accordingly, we would be willing to discuss your case and give you a free consultation to make sure that you are aware of all the important facts surrounding your case, as well as all your legal options to pursue your claim. Feel free to call us at (310) 826-6300. You may also visit our website at www.mesrianilaw.com for our firm�s background information.

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Answered on 4/01/11, 11:54 am


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