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  1. #1
    Join Date
    Mar 2013
    Posts
    7

    Default Sued for Allegedly Smoking in a Hotel Room

    My question involves a consumer law issue in the State of: Oregon

    I posted a few months ago about an incident at a hotel chain where I was accused of smoking in the room, even though I did not, and I was charged a $500 smoking violation fee. I immediately (next day) disputed the charge with my credit card company. This was back in March and they have been doing an "investigation" since then. Apparently I won the chargeback and the charge was reversed, woo hoo right? Wrong! I didn't even receive anything from my cc company saying the investigation was over, however I did receive an email from the merchant saying,

    "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, 05/10/13."

    I have never done business with such a rude and unprofessional merchant ever! What is my recourse? Can I be sued for disputing this charge? Also I live in California, and I was on vacation in Oregon where this happened, how does this work if I live out of state and they sue me? Can I hire a lawyer for this? I am freaking out right now this happened almost 3 months ago, I did what I thought I had the right to do as a consumer wrongfully charged and now im being sued!

    Any help would be greatly appreciated thanks!

  2. #2
    Join Date
    Mar 2009
    Location
    Michigan
    Posts
    6,808

    Default Re: Hotel Sueing Me for a Chargeback

    I would be getting an appointment with a local lawyer and asking questions.

  3. #3
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Hotel Sueing Me for a Chargeback

    I have never done business with such a rude and unprofessional merchant ever! What is my recourse? Can I be sued for disputing this charge?
    It isn't that you are being sued for the chargeback. You are being sued because the hotel believes the debt is valid and you have not paid it.

    Do not confuse the actions of the credit card company with the actions available through the court system. The merchant and customer using a credit card are bound by the terms of the merchant agreement for the merchant and the users agreement for the card holder.

    Just because the credit card company found for you means nothing in court. All it means is the CC company has found cause, based on their rules, to allow the chargeback, nothing more.

  4. #4
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: Hotel Sueing Me for a Chargeback

    So where are you actually from Brandi HI or CA? How can you be sure one of your friends did not smoke in the room?


    http://www.expertlaw.com/forums/showthread.php?t=156552

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