Legal Question in Business Law in Pennsylvania
Breach of contract by moving company?
My son moved from Maine to Pennsylvania and paid the moving company by credit card. He is charging the moving company with fraud, deception and breach of contract. The bank charged back the amount ($3000) but the moving company wrote to the bank using lies and misstatements. The bank charged my son again. Can my son sue the bank in small claims court? Are there any other remedies?
1 Answer from Attorneys
Interstate Move
The rates and damages for loss & damage to goods transported by a motor carrier (moving van company) across state lines is govered by federal statute. See 49 U.S.C. 13704 regarding rates; 13907 regarding responsibility for agents; and 14706 for liability for L&D. There is also a sustantial amount of case law interpreting the L&D provisions, including the "released rate" argument your son is probably facing. You ought to consult a transportation lawyer. Whether you can sue the credit card company or bankin small claims court depends on the jurisditional limit of course and also on the credit card contract. The chances areprobably not good.
You should also be aware that the carriers win the fraud and deception arguments most of the time.
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