Legal Question in Business Law in New Jersey

Mail-Order Company Refuses to Issue Refund

I'm from NJ, and I ordered a $400 product by phone from a mail-order company in Florida, splitting the cost between 2 credit cards, so I'm not sure which state's law applies to me. I decided not to keep the product, and return-shipped it to the company in resalable condition in full compliance with their 90-day money-back guarantee. I have a signed delivery notification proving that they received it back. However, 4 months have gone by, and the company refuses to issue a refund, or even reply to my inquiries to explain what their problem is. I know exactly where they're located, and I know they're still operating, so that's not the problem. Which state has jurisdiction, exactly what type of attorney do i need, what recourse do I have, and is it possible to get this case accepted on contingency, or should I look into pre-paid legal services or getting it on Judge Judy?


Asked on 8/21/99, 1:48 am

1 Answer from Attorneys
Robert Gleaner Robert A. Gleaner, P.C.

Re: Mail-Order Company Refuses to Issue Refund

Your relief was through your credit card companies. You should have immediately notified your companies, in writing, that you were disputing the charges, giving the reasons. The companies would have then taken the charges off your card until the dispute was resolved. You are required, however, to notify them within 60 days. You should still dispute this, arguing that the 60 day period has been extended by the unilateral fraudulent actions of this company to fail to act in accordance with their policy. You had 90 days to cancel and then, arguably 60 days thereafter. This may be a good argument to extend your objection period. The bottom line is that you should dispute it through your credit card company, not with the company directly. Unfortunately, if this fails, you will have to sue them in court. Since they are doing business in your state, you can sue them in your own state. Good luck!

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Answered on 8/25/99, 8:40 am


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