Washington, DC asked in Consumer Law and Civil Litigation for District of Columbia

Q: Can a company sue for disputing a charge via Affirm after non-delivery and stopped communication?

Can the company take legal action against me for disputing a charge through Affirm due to non-receipt of a product for almost a year? The company stopped communicating via email and disconnected their phone line.

1 Lawyer Answer
James L. Arrasmith
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Answered

A: It sounds like you’re in a frustrating situation where you’re trying to resolve an issue with a company that hasn’t delivered a product. If you disputed the charge through Affirm because the company stopped communicating and didn’t send the product, you're within your rights to do so. The company might not be happy with the dispute, but they would need to prove that the transaction was legitimate and that you received the product.

As long as you can show evidence that you didn’t receive the product, and you made reasonable attempts to resolve the issue with the company, you’re not at fault for disputing the charge. It’s unlikely that the company can take legal action against you for disputing a charge with Affirm, especially if they failed to deliver the product and stopped responding.

If the company threatens legal action, it may be an empty threat, but it’s still a good idea to keep documentation of all your communications with them, including emails and any correspondence through Affirm. If the situation doesn’t get resolved, you may want to consult with a lawyer to ensure your rights are protected. Keep track of all evidence related to your dispute.

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