I recently ordered a couple items from an online site. I've used this site many times in the past and never had any problems before, however...

Question

I recently ordered a couple items from an online site. I've used this site many times in the past and never had any problems before, however this time after the the usual shipping time had past and not recieving the items, I wrote them an email questioning the status of the order. I never got a reply. I wrote a second email. I never got a reply. I wrote a third email from a different email account. Once again, no reply. By now I was pretty fed up but having been happy with the site before I was still reasonable. So I tried calling the phone number provided on the site several times, during their normal business hours and never got anyone. I left my phone number and email address on their answering machine and still have had no response. By now I'm wondering what I can legally do?

Answer

Write them a letter and send it via certified mail or via UPS/FedEx so that you can prove that you sent the letter and that they got it. Send it to the corporate address to a person who is high enough up the corporate ladder to care and do something about your problem. It takes some work to get the name of a person - you want someone who handles customer relations or operations ideally. Sending to the CEO may work if no one else is available. You may have to do some sleuthing to get the corporate address.

Within 60 days after the charges appear on your credit card statement, you can dispute them. Your credit card company will want to see evidence that you tried to work it out with the merchant so that is why you need to do the letter. Email generally is not good enough and if you are getting close to the 60 day deadline, send the letter to the company and copy your credit card company.

If you used a debit card, you don't get the same dispute rights generally, but I heard there was a move afoot to have debit cards treated the same way as a credit card so talk to your bank and see what they can do for you.

Either way, shut down your debit or credit card as you want no further charges from this company.

If you cannot dispute this or the dispute is not upheld, I can send a letter for you for a reasonable fee. If that still does not work, if the amount is under $5000 AND the company is located in NC, you can sue the company in small claims in the county where they are located or where their registered agent is located. If the amount is over $5000 or if they are not in NC, then you will need a lawyer and go to regular district or superior court. If NC has jurisdictional ties, you can sue in NC, but if they don't or if they do not own any property here in NC, you may want to go to the state where they are located.

If this is an overseas company, forget it. You will not get your money back as it will be virtually impossible and not worth the expense to collect. This is not a contigency fee case and you generally cannot recover counsel fees unless authorized by a contract between you and them or authorized by some statute or rule.

If you cannot collect, go on every single consumer website you can find and complain. Stick to facts like "I ordered merchandise and never got it" and "the company refused to refund my money or send the merchandise." Go on facebook and twitter (see if they have a facebook or twitter page) and complain there as well. If the company is a semi decent US company that should get their attention.

If you want me to send a letter or discuss the specifics of your case, you can contact me at [email protected]/* */