All postsRefund Disputes

Merchant refused your refund? Your legal options

Noah Kane, Esq.· Admitted NY, NJ, MD

"All sales final" isn't a magic spell. When a merchant breaks a promise, ignores its own policy, or sells you something defective, you have leverage they don't want you to know about.

Start with a written demand

Email or letter — not a phone call. State the facts, the dollar amount, the deadline you're giving them. If this doesn't work, it's evidence.

Chargeback first, lawsuit second

If you paid by credit card or debit card, file a chargeback with your bank under the Fair Credit Billing Act or Reg E. Even if the merchant fights it, the chargeback record helps your case later. (Tip: file the chargeback for the right reason — "goods not received" or "not as described," not "fraud," unless the charge truly was unauthorized.)

State consumer-protection laws are powerful

Almost every state has an "Unfair and Deceptive Acts and Practices" (UDAP) statute. Many of them award:

  • Treble damages — three times your actual loss.
  • Attorney's fees — paid by the merchant if you win.
  • Statutory minimums — even if your loss was small.

This is what makes a $300 refund dispute economical to litigate.

When you may be able to sue under federal law

  • FTC "Cooling Off" rule — for sales of $25 or more made at your home, you have 3 days to cancel.
  • ROSCA (Restore Online Shoppers' Confidence Act) — covers deceptive auto-renewals and "negative option" subscriptions.
  • Magnuson-Moss Warranty Act — for warranty breaches on consumer products.

Subscriptions that won't let you cancel

"Cancel anytime" has to actually mean anytime. If you tried to cancel and were charged anyway, save every screenshot, email, and chat transcript. Federal and state laws specifically target dark-pattern cancellations.

When to call a lawyer

You can call us regardless of the dollar amount. If you're entitled to a refund or you didn't receive the goods or services as promised, you may be sitting on a lawsuit.

Practice area

Chargeback Attorney — Disputed Charges

Force banks and merchants to honor your refund under EFTA, TILA, and FCBA.

Learn more
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Disclaimer

This article is for general informational purposes only and is not legal advice. Reading it does not create an attorney-client relationship between you and Kane Law Firm, LLC or any of its attorneys. Laws vary by state and change over time, and the application of the law to any specific situation depends on the particular facts. Do not act or refrain from acting based on anything you read here without consulting a licensed attorney in your jurisdiction. Contacting us through this website, by email, or by phone does not create an attorney-client relationship; that relationship is formed only by a signed written engagement agreement. Prior results do not guarantee a similar outcome. This material may be considered attorney advertising under the rules of some jurisdictions.

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