Legal Question in Technology Law in Texas

I live in Texas. I purchased a 3 month subscription to an online service that does not perform as advertised. The purchase was made just over 24 hours ago. The company is refusing to issue a refund.

I have contacted my credit card company and they say I can dispute the charge. What are my chances of winning the dispute?


Asked on 1/27/11, 7:35 am

1 Answer from Attorneys

Bruce Burdick Burdick Law Firm

This is a contract question not a computer question. However, I will answer. You may have 3 days to void a contract , although that is not true if done entirely by phone or mail. See https://www.oag.state.tx.us/agency/weeklyag/2005/0305contracts.pdf for a nice one page summary of the 3 day "cooling off period" under Texas law written by the office of the Attorney General of Texas. If you meet the criteria (my guess is you do not) then send them a certified "notice of cancellation" terminating the contract. Do that and your chances are good. If they refuse, call their legal department and talk to someone who knows Texas law (particularly if your service is headquartered out of state.) In fact, you should probably send the notice of cancellation even if you think you might not be entitled to it as they may not know Texas law or may not object. Of course you do this recognizing that you may still be stuck if they persist.

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Answered on 1/31/11, 8:17 pm


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