Legal Question in Consumer Law in North Carolina

I had problems with goods and services I paid for with a credit card. I tried very hard to resolve the matter with the seller but the seller refused to address the matter correctly. I initiated a dispute with the credit card company regarding the purchase based on defective "Quality of Goods and Services" and provided the credit card company with substantial documented evidence but the credit company refused to resolve it and issue credit. So, I filed a lawsuit against the seller in a small claims court and won a judgment against the seller and the seller paid me the court-orderd judgment.

My question is this: The FTC (Federal Trade Commission) web site states: "if you have a problem with goods or services you paid for with a credit or charge card, you can take the same legal actions against the card issuer as you can take under state law against the seller." Based on this FTC statement, can I take the same legal action against the credit card company even though I already won a judgment against the seller and the seller paid? Isn't this considered double recovery?


Asked on 4/25/15, 1:09 pm

1 Answer from Attorneys
Kenneth Love Ken Love Law

I haven't seen the language you mentioned so I can't comment on the context...but the FTC cannot comment on how state law works as it can be different among the 50 state...it may have read..."subject to state law...." meaning that the law has to provide a remedy. In any event, you are correct, you can't sue the credit card company for the same grounds you sued the seller for. You would have to sue them under a separate theory of law...it is possible they violated a statutory law.

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Answered on 4/25/15, 1:26 pm


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