Big company denying refund. Small claims court?

[deejais]

Jurisdiction

Arizona

Hello. I recently canceled all services with an internet domain registrar. There is time left on the agreement term, and I asked them for a prorated refund. They won't do it, citing their refund policy. The refund amount would be in the neighborhood of $500.

I believe the reasons for canceling warrants an exception to their policy.

I have repeated my request a couple of times with their billing department, but with no success. Is a small claims complaint an option for me? And if so, would I be expected to appear in person for any relevant hearings? I'm in another state. Thank you.

 

[army judge]

Is a small claims complaint an option for me?

Anyone can bring their grievance to their local small claims court.

In your situation, you complete a few forms, pay the filing fees, service fees, and you'll obtain your day in court.

You'll even be allowed to request the amount you believe someone owes you. plus those pesky court and service fees (should you prevail).

The dirty little secret is that fewer than five percent of judgment holders never collect a dollar of their judgment.

You might end up being that one person out of 20 that eventually gets paid!

 

[adjusterjack]

I believe the reasons for canceling warrants an exception to their policy.

What does your contract say about cancelling? If your "reason" isn't addressed then, no, it likely doesn't warrant an exception.

 

[mightymoose]

Your contract may also indicate the proper venue to resolve disputes.
Yes, you should expect to have to appear in court.

 

[zddoodah]

They won't do it, citing their refund policy.

And what exactly does this refund policy say? Did you agree to the refund policy when you signed up for the service?

I believe the reasons for canceling warrants an exception to their policy.

I hope it is obvious that, without knowing anything about the refund policy or the reasons for cancelling, we have no conceivable way of opining about the legitimacy of your belief.

Is a small claims complaint an option for me?

Probably not. Is the company a resident of Arizona or is it otherwise subject to personal jurisdiction in Arizona? Many states' small claims rules do not allow or substantially limit suits against nonresidents. I don't know about Arizona's rules in this regard. Does your contract with the company specify that any lawsuit arising out of the contract must be filed in a particular location.

And if so, would I be expected to appear in person for any relevant hearings?

Yes.

I'm in another state.

Another state other than what? Are you in Arizona? If not, why did you tag your post as relating to Arizona?

 

[KatDini]

If anyone cares, here is GoDaddy's refund policy. It's pretty well laid out. (GoDaddy corporate offices are located in AZ).
GoDaddy Refund Policy
If it isn't GoDaddy, perhaps OP could furnish the refund policy for the company he hopes to sue.

 

[army judge]

Another state other than what? Are you in Arizona? If not, why did you tag your post as relating to Arizona?

Allegedly as indicated:

Country:...............United States
State/Region:.......Georgia

...................................................

 

[flyingron]

You can always protest the charges with your credit card company if you paid that way.

 

[Michael Wechsler]

In most instances you won't get refunds prorated with a registrar for a few simple reasons:

1) The registrar may already be out the money for registering the domain, e.g. they register domains on behalf of the TLD registrar, e.g. you register at GoDaddy which must pay the individual registry to register a .com domain, the ICANN fee, etc.

2) Read your contract. Purchasing a domain is subject to contract law. Read also the terms of service which also include the uniform dispute resolution policy with ICANN. I can't think of a reason why you'll win such a case, assuming that the small claims court has jurisdiction over your claim. Read the requirements for small claims court about both subject matter and the location of the defendant.