Legal Question in Consumer Law in South Carolina

Charging credit card without consent

I had purchased a product for my automobile through a mail order catalog. I received the product, and it was billed to my credit card. The company then sent another product (that a different customer had ordered) to my address. I called the company as soon as it arrived stating that there was a mix up. The product was promptly returned. In this process, the company credited my account the price of the product that was sent by mistake. I did authorize this or deny this. Three months later, I receive a phone call from the company. The problem is discussed, and a conclusion that a supervisor from the compnay would have to review the issue. I was to be notified of the conclusion of the supervisor before any other action was taken. I then receive my credit card statement a month later and discover that they company took it upon therselves to charge the amount of the product to my card without permission or even notifing me of any conlusions made. Basically, they mistakingly gave me money b/c of their own lack of competence, and then expect me to pay for their mistake. Is this legal and should I be held responsible for the companies incompetant employees?


Asked on 8/28/01, 9:04 am

1 Answer from Attorneys
Charles Griffin Law Offices of The Griffin Firm, LLC

Re: Charging credit card without consent

If they charged your account for merchandise you did not order, then that would not be legal. Was this actually a mistake on the companies' part or did they do that intentionally? Is this a nationwide company? If they make this "mistake" on a regular basis and they are a national company, they are probably making a lot of money for this "mistake." You should probably contact your credit card company and tell them what happened. They should give you some forms to fill out and this amount will be charged back to the company. You may want to find out from your credit card company if this is happening to a lot of other persons. You may also want to file a complaint with the Department of Consumer Affairs if your credit card company doesn't give you any satisfaction. If you find out that this is happening on a regular basis, give me a call and I would be happy to discuss this matter with you.

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Answered on 9/17/01, 4:52 pm


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