Little Rock, AR asked in Consumer Law for Texas

Q: can i sue for overcharging my card

i was buying something online and at checkout it said my total was $6.95 but whenever i put in my card it charged me $67.69 so is there anything i can sue for, like maybe false advertisement or something

Related Topics:
2 Lawyer Answers
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Consumer Law Lawyer
  • Sacramento, CA

A: If you were overcharged on your card for an online purchase, the first step is to contact the merchant to seek a resolution. Often, such discrepancies are due to technical errors and can be resolved amicably by the merchant issuing a refund for the overcharged amount.

If the merchant is unresponsive or unwilling to correct the charge, you may have grounds to dispute the charge with your credit card company. Credit card issuers typically have processes in place for disputing unauthorized or incorrect charges.

Regarding legal action, suing for a small amount may not be the most efficient course of action due to the costs and time involved in a lawsuit. However, if you believe this overcharge is part of a broader pattern of false advertising or deceptive business practices, you might have a case. This would typically involve showing that the merchant intentionally misrepresented the price or terms of the sale.

It's also worth considering the use of small claims court if the amount is significant enough to warrant legal action but not so large as to require a more formal court setting. Small claims courts are designed for resolving smaller disputes without the need for extensive legal procedures.

In any case, documenting all communications and transactions related to this issue is important. Keeping a record of the advertised price, the charged amount, and any correspondence with the merchant will be helpful in any dispute resolution process, whether it's with the merchant, your credit card issuer, or in a legal setting.

John Michael Frick
John Michael Frick
Answered
  • Frisco, TX
  • Licensed in Texas

A: Yes, you can recover the difference between what was incorrectly charged to your card and the correct charge for the item you were purchasing. Most merchants will process a refund without being sued in such circumstances.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.