My question involves a consumer law issue in the State of: Federal
Hi folks,
I'm new here, found this forum through lots of searching for active and legitimate law forums. This one seems to be the best out there.
I am helping a family member who was refused a refund by an online business opportunity guy. He sells software that alleges to help a person make money online.
I have some background study in law, so I am not completely ignorant of law, but there is a tremendous amount of information missing online about what laws websites have to conform to, and anything relating to being scammed. Hence I'm here.
The person has a sales page that is a sub page from his home page. I reference this because the footer on this page has no legal disclaimers, while his home page does.
If a person is selling something online, doesn't the sales page have to have legal disclaimers? Or is it sufficient that it's expected people know how to reach a home page (despite no tabs or links existing to get there) where the home page is the only place, legally, where these legal disclaimers and terms need exist?
I am asking because the person is claiming "we have a legal disclaimer...not our problem if you missed it."
My family member requested a refund on the product after the sales page read "100% money back guarantee within 30 days." The refund was requested within that time, twice, but the vendor refused to answer.
A claim was taken up with paypal...believe it or not, paypal sided with the vendor. I am certain they are in error. I highly doubt a legal professional assessed the situation. I have seen in the past makers of software be forced to refund money when their software is claimed not to work (this software btw did not even load on my family's computer; it was completely inopperable).
So I am asking about the legal requirements of websites first, but also asking for avenues we can take.
We have already filed complaints with the vendors local BBB and Attorney General. The vendor is very smug, throws a lot of legalese at us, and insists "we will keep your money, because we have a legal right to."
As a side note, we run a tiny business as well, and issue refunds under 100% of circumstances.
Any assistance greatly appreciated, thanks a bunch.
Hi folks,
I'm new here, found this forum through lots of searching for active and legitimate law forums. This one seems to be the best out there.
I am helping a family member who was refused a refund by an online business opportunity guy. He sells software that alleges to help a person make money online.
I have some background study in law, so I am not completely ignorant of law, but there is a tremendous amount of information missing online about what laws websites have to conform to, and anything relating to being scammed. Hence I'm here.
The person has a sales page that is a sub page from his home page. I reference this because the footer on this page has no legal disclaimers, while his home page does.
If a person is selling something online, doesn't the sales page have to have legal disclaimers? Or is it sufficient that it's expected people know how to reach a home page (despite no tabs or links existing to get there) where the home page is the only place, legally, where these legal disclaimers and terms need exist?
I am asking because the person is claiming "we have a legal disclaimer...not our problem if you missed it."
My family member requested a refund on the product after the sales page read "100% money back guarantee within 30 days." The refund was requested within that time, twice, but the vendor refused to answer.
A claim was taken up with paypal...believe it or not, paypal sided with the vendor. I am certain they are in error. I highly doubt a legal professional assessed the situation. I have seen in the past makers of software be forced to refund money when their software is claimed not to work (this software btw did not even load on my family's computer; it was completely inopperable).
So I am asking about the legal requirements of websites first, but also asking for avenues we can take.
We have already filed complaints with the vendors local BBB and Attorney General. The vendor is very smug, throws a lot of legalese at us, and insists "we will keep your money, because we have a legal right to."
As a side note, we run a tiny business as well, and issue refunds under 100% of circumstances.
Any assistance greatly appreciated, thanks a bunch.
Consumer Law Issues: Internet Scam, "Biz Op"
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