What are my rights if my credit card was charged by mistake after I cancelled my order for a laptop?

Get Legal Help Today

 Secured with SHA-256 Encryption

What are my rights if my credit card was charged by mistake after I cancelled my order for a laptop?

I placed an order with for a computer but cancelled it. However after few days the order got reactivated due to a technical fault. The company charged my credit card without my knowledge and approval and  sent me a laptop after few days. It was surprising to me. Can I charge them with criminal theft for accessing my bank account without my permission in withdrawing money from my account? Can I charge them with theft?

Asked on March 25, 2011 under General Practice, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

It's doubtful that you could charge them with theft, since theft requires a criminal state of mind which would be difficult to prove in this case, even if it did exist...and note that a mistake is NOT a criminal act in a situation like this.

If you can prove that you cancelled the order initially--and you have not taken the laptop out of the box, damaged it, etc.--you can require them to take it back--including paying for shipping costs--and also refund your money. Note however that if they do not do this voluntarily, you would have to sue them to assert your rights, which very well might not be worth it--especially if it's not a bad laptop and not a bad deal.


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption