Roseville, CA asked in Banking for California

Q: Disputing Cash APP debit card transaction(s) for breach of contract, what verbiage do I use to get approved I have proof

I have been disputing transactions with Cash App, I hired a marketing firm that made claims that are proven untrue. Before I signed up with this marketing company, I asked why them. They claimed all their work is done in-house, top tier graphic designers, etc. Then they went into their awards and distinguished badges, they claimed to be a premiere google partner, facebook marketing partner, currently listed on the inc 5000 list.

I received the answer, thank you, my follow up would be: since I do not have them saying in email, and did not record the calls, I do have the proposal and contract which both show this information and was pointed out to me from the company, is says "2022 qualifications" regardless, they were not a premier partner, meta marketing partner, nor were they on the inc 5000 list. Should this suffice, with website and ads they post considering they referred to them?

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1 Lawyer Answer
James L. Arrasmith
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Answered
  • Business Law Lawyer
  • Sacramento, CA
  • Licensed in California

A: In California, when disputing a debit card transaction on grounds of breach of contract, it's crucial to present your case clearly and concisely. If you have evidence showing that the marketing firm made false claims about their credentials and partnerships, this can indeed form the basis of a breach of contract dispute. Documentation of their assertions versus the reality, such as screenshots of their website, emails, or any written communication where they make these claims, will be vital in substantiating your claim.

For your dispute, articulate how the marketing firm's misrepresentations were a decisive factor in your decision to enter the contract, and how their failure to meet these claims has resulted in a breach. Emphasize the discrepancy between what was promised regarding their qualifications and what was actually delivered. Make sure to highlight that these were not just minor discrepancies but were key factors in your decision-making process and that had you known their true status, you would not have engaged their services.

Lastly, when communicating with Cash App or any involved parties, it's beneficial to remain factual and avoid language that could be interpreted as subjective or emotional. State the facts of the breach, provide your evidence, and explain how this directly impacted the service quality or the outcomes expected. Your goal is to demonstrate that the transaction did not meet the terms as agreed upon, due to the marketing firm's misleading claims, thereby justifying a reversal or dispute of the charges.

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