Legal Question in Consumer Law in Virginia

My wife inititiated an order to purchase some sort of weight loss product via phone. The amount of the purchase was higher than available on the credit card so the company say they could split up between multiple cards. So they charged half of the order to the one card and my wife was to get back to them with the other card when she got it. She called me in the meantime as I didn't know what she was purchasing. I found out the product was a useless product through my research and I told her to call back (this was a day later) and to cancel the order.
They told her she could NOT cancel the order and she had to finish the order as it was in progress. Unfortunately my wife assumed they were correct and gave them the number to the other card and they processed the order.
Once I found this out I said to call back IMMEDIATELY and cancel the order. They should not have forced her to complete the order and to tell them we would call our credit card companies and refuse the payment as well as send the product back if it shipped to us. I told her to tell them we would be calling the BBB and contacting an attorney if they did not comply.
They say they have a no return policy... BUT I say my wife tried to cancel before payment was fully made and they forced her to complete the order process and intimidated her into doing so.
Do we have a leg to stand on. Can we legally send the unopened product back and refute the charges on credit card?

Asked on 11/16/10, 8:38 am

Michael Hendrickson Law Office Michael E. Hendrickson

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Yes, and yes, in answer to your last two questions (and on these facts should likely do so without further hesitation).

Answered on 11/28/10, 8:03 am

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