Is there any legal action I can take against an issuer of debit cards?

UPDATED: Nov 20, 2013

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Is there any legal action I can take against an issuer of debit cards?

On 11/1/13 I made a purchase of $116 using 2 separate debit cards to Cinema Now. I had purchased 8 movies to stream to my TV. I was unable to get the movies to sync with my Netgear device. After multiple calls to tech supports I requested my money back as I was never able to use the service. After a week of daily calls they said we’d have our money back on the 8th. When I didn’t get my refund by the 11th I made another call and was told I would get my refund the next day. It’s now been almost 3 weeks and I still have not gotten the refund they keep promising.

Asked on November 20, 2013 under General Practice, Ohio


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

The debit card issuer is not liable, or responsible, for the fact that the movie company was unable to send you movies which would sync to your gear or that they have not issued a refund. You need to go after the movie company for compensation, such as by suing them in small claims court for breach of contract (not providing what they agreed to provide--movies that you could view) or consummer fraud (such as lying about what they could or would do, or falsely advertising their capabilities).

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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