0

They have refused to correct the mistake. I have asked them about 3 times and finally given up and just cancelled my membership.

  • An often overlooked mechanism is the Better Business Bureau... – Pat W. Dec 4 '15 at 21:08
  • Possible duplicate of Can I sue...? – feetwet Dec 4 '15 at 21:14
  • @Pat - What does the BBB do ? – cade galt Dec 4 '15 at 21:30
  • @feetwet - more specifically can I sue for the time I spend putting together my case ? – cade galt Dec 4 '15 at 21:32
  • 1
    Did you pay with a credit card? Call your bank and initiate a chargeback. – dwoz Dec 5 '15 at 1:47
3

If you are going to sue, and can prove they overcharged - consider going to the small claims court. It should cost you $15 + time - unless you loose quite badly - in which case its conceivable the court could award costs against you (I don't know if this is true of the small claims court in NY).

You can represent yourself, so no heavy legal bills.

It will take a a few hours of your time to prepare and have the hearing.

Of-course, very often, just by filing you will get the opposing party to sort out the issue - and probably won't even need to go to court.

1

Can you sue? Yes. Will you win? If they are in violation of your contract, probably, if they might be in violation? still probably but there is a huge risk that you will have to pay court costs and lawyer costs. Is it worth your time, no.

  • 1
    But we don't know if lawsuit is pre-empted by an arbitration clause. So I'd say at most "maybe". – user6726 Dec 29 '16 at 21:08
  • I would have to say maybe as well. I know this is NY but I've done exactly that in Texas. I filed in small claims and it cost me 30 dollars. I paid about 4 dollars for the jury fee, and the judge allowed me to 'serve' them via certified mail so that cost me 6 or 7 dollars. That was definitely worth my time. They settled so fast, made it right, and gave me several free months. – mark b Feb 28 '17 at 22:17

Your Answer

By clicking “Post Your Answer”, you agree to our terms of service, privacy policy and cookie policy

Not the answer you're looking for? Browse other questions tagged or ask your own question.