What to do if a company has misrepresented itself to me and I have been lied to and was charged on my credit card for something I was told would not be charged for?

Do I have any legal recourse?

Asked on June 8, 2014 under Business Law, Florida


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Yes, you can sue the company to recover your charge and possibly other compensation as well. Being charged for something you were not supposed to be charged for would seem to be a breach of contract (and oral agreements can be enforced as well as written ones); if they knowingly lied to you, it may be fraud as well. If the company is local, you can sue in small claims court, acting as your own attorney (pro se); if not local, it may not be worthwhile taking legal action, as you'd have to sue in regular county or district court and would most likely need an attorney, too.

You could also report them to the Better Business Burea; to the police, if you think they did knowingly lie to you and/or make an unauthorized charge on your card (that could be theft); and possibly the consumer protection division or department of your state Attorney General's office.

Also, you can file a dispute with your credit card issuer, stating that this was an unauthorized charge; they may then investigate, and if they find evidence to substantiate your version of events, may return the money to you.

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