Legal Question in Consumer Law in Pennsylvania

sale declined / fraud charges

I had attempted to purchase a website from an internet co.In this case they set up a domain within their site that would act as my personal site.We emailed each other several times.I had expressed that I wanted to do this and I wondered if I they can set up my website before they receive my funds.They said NO we first need to receive your funds.I said ok.So I decided to pay with an electronic check.Electronic checks take a couple of days to clear.Well not even 24hrs passed and they emailed me & said they realize I had paid with an E-check but they went ahead & setup my website anyways.Even before the check cleared.I thought my check was going to go through fine but it didnt.The check was declined.So they email me saying the check didnt clear & I need to make pay now.I said since I dont have the money,just forget it.They said you better pay today or we will report you for fraud.I said I never asked you to set my account up before you received my funds.They gave me their product without even letting me pay for it yet.Then after my sale had been declined they now think I should pay for it.I really never bought anything if my sale had been declined ,correct? Or what?


Asked on 4/25/03, 10:09 pm

1 Answer from Attorneys
David L. Bargeron Unemployment Help Center

Re: sale declined / fraud charges

The short answer is that you are correct. However, it is fraud to issue a check without sufficient funds available. So long as you did not do this intentionally, you should not have a problem.

Additionally, the company expressly stated that they would not provide you with the site before receiving payment. Because they did set up the site, the company did so at their own risk.

Call for a free consultation.

David L. Bargeron

610-972-6610

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Answered on 4/30/03, 1:02 am


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