Marina del Rey, CA asked in Consumer Law and Business Law for California

Q: Can I get a refund if seller does not deliver service and has no refund policy?

I paid for subscription for an online tool with a start date in future. The future has come. Now it's time for the seller (an LLC) to activate my paid subscription, but it doesn't look like they are going to for whatever reason.

I paid by credit card, but I cannot dispute the charge since purchase was made over 60 days ago.

The seller does not have a refund policy. There was no signed contract between buyer and seller. I do have a receipt of purchase from the seller.

What are my options to get my money back if seller ends up not delivering the service?

Thanks!

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3 Lawyer Answers

A: Sue in Small Claims Court.

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Pavel Kolmogorov
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Answered

A: Many online purchases involve click-through or link-based terms, where users implicitly agree by selecting an “I Agree” button or accessing a link that contains the terms. Even if you didn’t physically sign anything, there may have been a provision establishing consent to the agreement when you made the purchase. Even without a formal written contract, paying for a service typically creates a binding agreement.

If the seller fails to perform by refusing to activate your subscription, that can amount to a breach of contract, allowing you to seek restitution of funds paid (refund). The absence of a refund policy does not cancel the seller’s obligation to deliver what you bought.

Since you already tried the credit card dispute route, you might consider sending a written demand for a refund. If the seller still refuses to perform or issue a refund, you could explore filing a claim in small claims court.

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James L. Arrasmith
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Answered

A: In California, you have several options to pursue a refund even without an explicit refund policy. The seller's failure to deliver a paid service constitutes a breach of contract, regardless of whether you have a formal signed agreement - your receipt serves as proof of the transaction.

Your first step should be documenting all communication attempts with the seller and sending a formal demand letter via certified mail to the LLC's registered address. While credit card disputes typically have a 60-day limit, contact your card issuer anyway - some may still help in cases of non-delivery, especially with proper documentation.

If these initial attempts don't work, you can file a complaint with the California Department of Consumer Affairs and consider taking the case to small claims court, where you can sue for up to $12,500. Small claims court is designed to be navigated without legal representation, and the filing fees are relatively low. The key is maintaining detailed records of the purchase, promised services, and all attempts to resolve the situation with the seller.

1 user found this answer helpful

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