They have refused to correct the mistake. I have asked them about 3 times and finally given up and just cancelled my membership.
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An often overlooked mechanism is the Better Business Bureau...– Pat W. ♦Commented Dec 4, 2015 at 21:08
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Possible duplicate of Can I sue...?– feetwet ♦Commented Dec 4, 2015 at 21:14
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@Pat - What does the BBB do ?– cade galtCommented Dec 4, 2015 at 21:30
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@feetwet - more specifically can I sue for the time I spend putting together my case ?– cade galtCommented Dec 4, 2015 at 21:32
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1Did you pay with a credit card? Call your bank and initiate a chargeback.– dwozCommented Dec 5, 2015 at 1:47
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2 Answers
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.
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.
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1But we don't know if lawsuit is pre-empted by an arbitration clause. So I'd say at most "maybe".– user6726Commented Dec 29, 2016 at 21:08
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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 bCommented Feb 28, 2017 at 22:17