Legal Question in Civil Litigation in California

Legal recourse for unauthorized credit card transaction

When trying to make dinner reservations I gave my

credit card # to hold it for later realizing only

moments later that it would not work, I called back to

cancel, to which there seemed to be problem.later I

received a call from the same restaurant claiming that

they had already debited my card, they could not

re-credit my account it was their policy for the

holiday that cancellations had to be made weeks prior.

I has never seen this menu and had

used the phone book to obtain their # to make the

reservation and was never at anytime made aware that

their was a no cancellation policy until the had

already charged me $170.00. I have a phone

record that shows that there was a span of

9 minutes between my call for the reservation and the

cancellation + a call to my bank in an attempt to

block the charges. I have tried challenging this

charge with my bank, but they are unable to

help me I need to resolve this issue with the

restaurant who are unresponsive. what can I do to get

the $179.


Asked on 1/28/00, 12:15 am

2 Answers from Attorneys

Jeffrey P. Widman Law Offices

Re: Legal recourse for unauthorized credit card transaction

If the credit card company won't help you, you should file a claim for the money in Small Claims Court.

Read more
Answered on 1/28/00, 11:19 pm
John Hayes The John Hayes Law Offices

Re: Legal recourse for unauthorized credit card transaction

The credit card company should reimburse you the money since you did not authorize the charge. You may need to right a letter to the restaurant demanding your money back and send a copy to the credit card company. This has worked for me before. If, however, this doesn't work for you I would file a lawsuit against the restaurant for the money. I think if you took them to court you would win because they were not authorized to charge your card and they did not notify you of their cancellation policy. Good luck.

John Hayes

Read more
Answered on 1/30/00, 7:00 pm


Related Questions & Answers

More General Civil Litigation questions and answers in California