If a client is told about a refund policy over the phone, and then makes a request against the refund policy, do I have to honor that refund?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If a client is told about a refund policy over the phone, and then makes a request against the refund policy, do I have to honor that refund?
The policies are on my website. A client made a 50% deposit for a photoshoot for almost $300. We do not allow cancelations within 72 hours of the appointment. She knew that. So she cancels 48hrs in advance and tells me, “you will have no problem booking that up” not true at all. So I told her about the refund policy again when she “acted” surprised about not getting her money back. She became angry and now he lawyer keeps calling me demanding a refund and I told him she could have it in 30 days. I am over 30 days and now he is considering taking me to court saying this could become $300,000.
Asked on August 30, 2012 under Business Law, Pennsylvania
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
From a business standpoint if you have a refund policy and a client fails to honor the cancellation policy by cancelling too late, then you have a decision to make as to the $300 at issue is worth your time and effort by not simply returning the deposit for the photo shoot or not. The key issue is did the client sign any document acknowledging the 72 hour minimum notice or not for cancellation and the return of any deposit?
If not, then I would simply return the deposit and move forward. Getting invloved in a legal battle whether you are right or wrong will cost you at least the $300 in time not taking account possible attorney's fees. I suggest that you consult further with a business attorney about your matter.
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.