been had by info-mercial

[Ooboo]

Hi,
Last month we were watching tv and there was a commercial, order touch lites for $6.99 shipping fee and answer survey questions to receive lights free. Well my daughter called , answered questions, and no we didn't want anything else, time and time again, no, nothing else. Just the lights, well today she finds out they've charged her credit card $95.88, and this charge which is on an atm bank card has caused 125 dollars in returned check fees because of the surprise 95.88 fee. We have called the phone number where the charge originated because she had no idea what this charge was , it's called Paradise Value Club, and were told that they will take the 95.88 charge off of the card but they can't refund anything above that charge . Is there anything we can do about the 125 dollars this has cost in addition, she's called her bank, they say it's not their problem and won't take the charges off. This company is in Nevada, we are in North Carolina. Thanks for any help, 125 dollars is not an amount she can afford to just eat. Ooboo

 

[JETX]

Your post is a little confusing. First you refer to 'the card' as a credit card, then as an ATM card. These are two distinctly different things with different laws. A debit card is an immediate transfer of funds from your account to the merchants, it is not unlike giving cash. There is no 'credit transaction'.

However, I assume from other information in your post that it was really an ATM debit card. If this is the case, I believe that you have few, if any, viable options. Obviously the error was by the merchant, but you will have a hard time trying to get the merchant to reimburse you. And for the relatively small amount of $125.00 it is not worth the ordeal and hassle of pursuing 'long distance' litigation.

My suggestions:
1) Write a letter to the merchant. Send it certified RRR. Explain that THEIR error in charging excessive fees was a direct cause to your incurring $125.00 in bank fees. Include a copy of your bank statement (be sure to 'scrub' off your personal information). Respectfully, ask that they issue a check within the next 3 business days to compensate for your damages, or you will consider taking further action. (Though this might not work, it is a small amount of 'ordeal' for a possible $125 return).
2) Contact your bank and explain the situation. Depending on your relationship with the bank, most of them will make some, if not a total, adjustment of the fees.