If I’ve been charged for an item but the retailer was out and I’ve asked for the charges to be refunded and they refuse, what kind of legal action can I take?

Asked on February 13, 2013 under Business Law, Washington


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

If the charge was improper--i.e. you did not in fact buy that item--and the retailer will not voluntarily refund the money, you could sue (including potentially in small claims court) to recover the money. If you actually did buy the item, want a refund, but the retailer has a no refund (at least, no refund under theses circumstances) policy, you cannot get your money back--the law does not requirer retailers to allow refunds; but if the retailer does have a refund policy and you have complied with it, they would have to return the money to you (and if you, you could sue to enforce the policy).

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.