Consumer Law, Warranties Hotel chain suing me after successful chargeback

Status
Not open for further replies.

Bmcgee3

New Member
I was on vacation in Oregon at a major hotel chain I was wrongfully charged $500 for smoking in a non smoking room, since I did not smoke I immediately disputed this with the credit card company. 2 months later the charge was reversed after an investigation. Now the hotel is trying to sue me for the chargeback. How ridiculous? Do I have any recourse, I thought I was doing what I had the right to do as a consumer which is dispute a wrongful charge. I didn't later I could later be sued! Also I was on vacation and I live in Oregon would I really be expected to return to Oregon to handle this? How successful would their case be just my word verses theirs? Thank you
 
No, I have not been sued yet. Once the chargeback went in my favor the merchant sent me this email. "We received a dispute notice from our Credit card processor in the amount of $500.00 from your Credit card company/bank. We will be taking you to small claims court for this charge, if the $500.00 is not reversed by today." I am simply wanting information on how to proceed from here.

Can I be sued by a business in Oregon if I live in CA?
Can the merchant sue a customer after a successful chargeback?
Can I hire a lawyer for this if they do in fact take me to small claims?
 
What made them believe you were smoking in a non-smoking room to charge you this fee?

I don't "think" they would win in court unless they have some type of proof you were smoking in the room. If you don't smoke, seems they would not. Did you have anyone stay at any time with you in the room who smokes (just asking)?

Thanks.
 
No, I have not been sued yet. Once the chargeback went in my favor the merchant sent me this email. "We received a dispute notice from our Credit card processor in the amount of $500.00 from your Credit card company/bank. We will be taking you to small claims court for this charge, if the $500.00 is not reversed by today." I am simply wanting information on how to proceed from here.



Can I be sued by a business in Oregon if I live in CA?




Yes, but they'd have trouble serving you in CA.


Can the merchant sue a customer after a successful chargeback?





Yes, anyone can be sued.


Can I hire a lawyer for this if they do in fact take me to small claims?




You won't need to worry. Before they can sue you, they have to serve you. An Oregon small claims court would have a difficult time serving you in CA.

Whatever you do, don't respond to anything these people send you, unless it's an official court document.

Don't admit to anything, and stop explaining.




Sent from my iPad3 using Tapatalk HD
 
Last edited:
Status
Not open for further replies.
Back
Top