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GoogleResolving a Dispute with an Online Merchant
December 1, 2007
Summary
When it comes to ecommerce, online shoppers in the US, UK and Canada can withhold payment from a merchant if the product does not fulfill three conditions.
If there is any dispute, you can pay the rest of your credit card bill and withhold payment for the disputed order, as long as you include a letter explaining why you are withholding payment.
The credit card company will attempt to resolve the problem with the merchant. The credit card company is responsible for notifying you of the result (within 30 days, in the United States). The merchant is responsible for crediting your account within two billing cycles.
In the United States:
In Canada:
In the United Kingdom:
Small claims courts have traditionally been an easy and inexpensive way to obtain legal rulings on minor disputes. But, since small claims generally must be filed in the jurisdiction where the merchant resides or does business, this isn't practical for most online shopping.
You can find a lawyer (and low-cost or free legal assistance, if you need it) at these sites:
In the United States:
In Canada:
In the United Kingdom:
You may be able to recover your court costs and legal costs if the judgment goes in your favor. But if your complaint has already been denied by a credit card company, your case may not be sound or well-documented.
Consumers in the United States, the United Kingdom, and Canada may be legally entitled to withhold payment if a product:
- Is not as advertised
- Arrives in unsatisfactory condition
- Does not arrive within 30 days (unless otherwise agreed upon at the time the order is placed)
Don't shop too far ahead of time. In most cases, you'll need to report any problem within 60 days of purchase.
For C.O.D. purchases paid by check, inspect the product on the day it's delivered. You're entitled to stop payment on the check if there's a problem.
For C.O.D. purchases paid by check, inspect the product on the day it's delivered. You're entitled to stop payment on the check if there's a problem.
Resolving complaints
Before you do anything else, try to work with the merchant. Be polite and positive; the overwhelming majority of online merchants will want to help you resolve your problem.If there is any dispute, you can pay the rest of your credit card bill and withhold payment for the disputed order, as long as you include a letter explaining why you are withholding payment.
The credit card company will attempt to resolve the problem with the merchant. The credit card company is responsible for notifying you of the result (within 30 days, in the United States). The merchant is responsible for crediting your account within two billing cycles.
If you're still not satisfied
If neither the merchant nor your credit card company agrees with your contention, there are a number of mediation services and consumer protection agencies that can help. The following are links to useful channels:In the United States:
- Visit the Federal Citizen Information Center
- Visit At Home Shopping Rights
In Canada:
In the United Kingdom:
- Visit Office of Fair Trading
If all else fails
Your final recourse may be to initiate legal action if the value of your loss is high enough to justify it.Small claims courts have traditionally been an easy and inexpensive way to obtain legal rulings on minor disputes. But, since small claims generally must be filed in the jurisdiction where the merchant resides or does business, this isn't practical for most online shopping.
You can find a lawyer (and low-cost or free legal assistance, if you need it) at these sites:
In the United States:
- Visit Find Law for the Public
In Canada:
- Visit Lawyer Locate
In the United Kingdom:
- Visit Lawyer Locator
You may be able to recover your court costs and legal costs if the judgment goes in your favor. But if your complaint has already been denied by a credit card company, your case may not be sound or well-documented.