Online Airfare Purchase/ Fraud

[kaloyanova]

Hello,
I requested an airfare quote for the purpose of buying an airfare online. I got bookings from 3 different agencies. Naturally, I chose the lowest one with the least stops. I was contacted by phone , e-mail several times by the travel agent in question. He gave me instructions for payment either by CC or by check. I chose a check payment as this was cheaper and faster option according to the agent. In 10 days period I was supposed to get my ticket by mail. Unfortunately, after the aency cashed the check, they never got in touch with me. I attempted more than 40 times by phone, email.
It's almost a month now and they still haven't responded. Checking with the Bureau for Better Business (BBB), I found out that this particular agency had 6 pending claims for nondelivery of service/product.

Can I file in small claims court if the travel agency's address and operation is in NY, I purchased the ticket while I was studying in MO, and now I moved to GA. Also, if my presence is mandatory for the success of the trial, in which state should I file?

If there are more vicitims with this agency, would it be appropriate to address this to the General Attorney in NY?

Lastly, if this is a matter of online purchase, can I address this to a different institution/authority?

I have all documents : check copies, mail copies with signature confirmation, emails, fax, addresses of the company and 5 website names registered under the same person/travel agent. Now, i have gathered e-mails and names of people with the same problem.

I filed claims with BBB -NY Office, IFCCFBI (all online). I'm not sure what to do next. The travel agency in question still operates freely. I asked my husband to fill out an online request form for an airline ticket to a different destination, and the same scam agency responded in the same style by email. They haven't call him yet. The only reason to do this was for the agent to contact him, so that me or my husband could talk to him again.

I lost over $800 so far. Please, advise me what to do.

THANK YOU!

 

[NYClex]

Since the defendant is located in New York you can definitely file suit in New York Small Claims Court in the county where the agency is located. Of course, you would have to be present here for the trial.

You might be able to file in Missouri, if the state's "long arm statute" allows this, what it probably does. But since you don't live there any more it won't really help you.

If this travel agent offers his services also in Georgia, which he probably does since he operates on the internet, you might even be able to file there. But this I cannot confirm since I would have to look into GA law. May be someone else here knows.

You also should look into your terms of contract, if any, if there are any agreements on jurisdiction, arbitration, etc. controlling the way to proceed now.

You definitely should file a complaint with the NY Attorney General's office, or, if they are located in NY City, with the City Department of Consumer Affairs (they have a website).

You might file a complaint with the FTC.

But first of all, send them a demand letter, by certified mail, return receipt requested, demanding delivery of the ticket or full reimbursement within 10 days and threaten to sue if they don't comply.

If they pretend they sent the ticked and it got lost in the mail demand the ticket number. That can easily be verified with the airline and the airline would issue a new ticket if it really had been lost. Actually most airlines nowadays use electronic tickets anyway so there would be no paper ticket to be sent. The travel agent merely needs to send you a receipt containing the ticket information.

If they are located in New York City here is a nice overview of the process to make a claim in Small Claims Court: http://www.courts.state.ny.us/courts/nyc/smallclaims/procedural.shtml

 

[kaloyanova]

Thank you for the prompt reply.

I already filed complaints with the Federal Trade Comission, the NY Attorney General Office. I won't be able to file in Small Claims Court in NY since I have no friends who can represent me in court.

I will also get in touch with the officer in charge of the case (there's a case on file with NY Police Dept already). Unfortunately, from the experience of the rest of the people who got scammed by the same travel agency, filing a compaint with NY Police Department did not give any positive results. As far as I understood, they have to have certain number of complaints against the same company in order to investigate. Despite that fact, I intend to contact the detective in charge and give it a try.

I will send a certified letter demanding my ticket by mail. I hope that this will help.

 

[freebird]

NYCLEX's post is a good one although it is highly doubtful that there is a long arm statute that will allow you to sue in small claims, unfortunately. It is always good to pay via credit card for online purchases for the reason of fraud as you would likely be protected in a way you could not with a check.

The rest of NYCLEX's post is right on. Definitely contact the AG. While contacting the BBB is nice (I know the GC there), they can't really do very much for you except take complaints and educate consumers about a business before the consumer makes the purchase.

Originally posted by kaloyanova
Hello,
I requested an airfare quote for the purpose of buying an airfare online. I got bookings from 3 different agencies. Naturally, I chose the lowest one with the least stops. I was contacted by phone , e-mail several times by the travel agent in question. He gave me instructions for payment either by CC or by check. I chose a check payment as this was cheaper and faster option according to the agent. In 10 days period I was supposed to get my ticket by mail. Unfortunately, after the aency cashed the check, they never got in touch with me. I attempted more than 40 times by phone, email.
It's almost a month now and they still haven't responded. Checking with the Bureau for Better Business (BBB), I found out that this particular agency had 6 pending claims for nondelivery of service/product.

Can I file in small claims court if the travel agency's address and operation is in NY, I purchased the ticket while I was studying in MO, and now I moved to GA. Also, if my presence is mandatory for the success of the trial, in which state should I file?

If there are more vicitims with this agency, would it be appropriate to address this to the General Attorney in NY?

Lastly, if this is a matter of online purchase, can I address this to a different institution/authority?

I have all documents : check copies, mail copies with signature confirmation, emails, fax, addresses of the company and 5 website names registered under the same person/travel agent. Now, i have gathered e-mails and names of people with the same problem.

I filed claims with BBB -NY Office, IFCCFBI (all online). I'm not sure what to do next. The travel agency in question still operates freely. I asked my husband to fill out an online request form for an airline ticket to a different destination, and the same scam agency responded in the same style by email. They haven't call him yet. The only reason to do this was for the agent to contact him, so that me or my husband could talk to him again.

I lost over $800 so far. Please, advise me what to do.

THANK YOU!