I live in CA. Company is in TX. I want to file a small claim so...where?

January 3, 2023 12:12 PM

I bought a lifetime account from an app. They cancelled my account with no explanation. I'd like my money back. I've never done this before. So If they sell over state lines can I just file the claim in CA or do I have to file it in TX where they're located?
posted by rileyray3000 to Law & Government (6 answers total)

I'm unclear on the small claims aspect, but can you reverse the charge via your payment card provider? I've had very good luck reversing charges against badly behaved merchants, even outside the 30-day purchase window.
posted by genrand at 12:19 PM on January 3, 2023

I believe you can file in California based on the fourth bullet of the last section on this page from NOLO.com: "the business does regular business in your state by selling products or services"

You may find it difficult to collect on this judgement, though. I suggest talking to a small claims advisor. Here is a list of them by county.
posted by soelo at 12:36 PM on January 3, 2023

The terms of service or other subscription agreement may also have a clause specifying which state’s law will be applied and the venue for any claim, and/or an arbitration clause.
posted by ohneat at 12:55 PM on January 3, 2023

Did you actually read your terms of service? Many “lifetime” accounts include the ability for the company to terminate an account at any time for any reason (or no reason at all).
posted by rockindata at 4:35 PM on January 3, 2023

Your agreement should have a forum clause - i.e. a discussion of where you can file a suit. It will also probably indicate what type of forum you can file in.
posted by tafetta, darling! at 5:20 PM on January 3, 2023

And there's a very good chance that the terms of service indicate you are subject to binding arbitration instead of being able to file in court. On the plus side, in those cases usually the company agrees to pay for the arbitration. On the minus side, you have a ridiculously small chance of being successful in arbitration.
posted by tubedogg at 9:48 PM on January 3, 2023