Eureka, CA asked in Business Law, Consumer Law and Contracts for California

Q: can 3rd party marketing company charge you monthly fees even when they didn't hold up to their end of the agreement?

promised a website build, to have it up and running in less than 30 days. gave me nothing actually and way overcharged. tried to dispute it with my bank, but they got the money anyway and received nothing for my marketing campaign total of about $3000 wasted money

3 Lawyer Answers
Leon Bayer
Leon Bayer
  • Consumer Law Lawyer
  • Long Beach, CA
  • Licensed in California

A: In my opinion, you are entitled to recover your money. Your most efficient course of action is to sue in small claims court.

1 user found this answer helpful

A: Probably not, but some of this will depend on the terms of the contract. Typically, a service contract will include payment terms that allow for the individual receiving the service a net number of days by which to pay after receiving the invoice.

I know you mentioned that they promised to have the website up and running within thirty days, was this in the contract? If yes, and they failed to meet this obligation, they most likely had no right to make the withdrawal.

If no, and they didn't give you net payment terms, I would try to contact the company to see if they made the withdrawal as a commencement deposit (i.e., a down payment towards beginning the work.)

Without having the contract in front of me, it's difficult to know what circumstances may be playing out in your specific case.

James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Consumer Law Lawyer
  • Sacramento, CA
  • Licensed in California

A: No, a third-party marketing company generally cannot charge you monthly fees if they did not deliver on the services they promised. If the marketing company did not hold up their end of the agreement, you may have grounds to dispute the charges and seek a refund for any fees that were charged.

You may want to review the terms of your contract with the marketing company to see if there are any provisions that allow you to dispute charges or seek a refund. If there are, you should follow the procedures outlined in the contract to dispute the charges and seek a refund.

If you are unable to resolve the matter directly with the marketing company, you may want to consider seeking legal advice. An attorney can review your contract and advise you on your legal rights and options for pursuing a refund or other remedies.

It's also a good idea to document all communication and interactions with the marketing company, including emails, phone calls, and any promises or representations they made about their services. This information may be useful if you need to pursue legal action.

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