Paid a fee due to fraudulent misrepresentation.
November 5, 2024 10:28 AM Subscribe
What are my options?
I just returned to the US after more than a decade abroad. I don't have a credit history anymore (unscoreable) but a good job in the US gouvernment. I had a look at an apartment at this company and they assured me that my lack of a credit score is not an issue since because of my job. They still insisted I pay a background check fee and later rejected me explicit based on my low credit score (The agencies always reported N/A or unscorable as far as I know). I wrote them a complaint and they agreed to reimburse the fee. It has been a month and today I saw that they have not reimbursed the fee and are not going to reimburse it. Looks like my bank is on their side side since I authorized the fee. While this is true, I only paid it due to a fraudulent misrepresentation and they agreed to reimburse it.
We are only talking USD 75 but I am very pi...ed about this. Also, If they do this with 10 people a day, 20 days a week, than this brings in 15k every month per apartment already. Very much like the "credit check" that the Nigerians want you to do for non existing apartments on craislist. This "check" signs you up for a monthly subscription.
What are my options?
I just returned to the US after more than a decade abroad. I don't have a credit history anymore (unscoreable) but a good job in the US gouvernment. I had a look at an apartment at this company and they assured me that my lack of a credit score is not an issue since because of my job. They still insisted I pay a background check fee and later rejected me explicit based on my low credit score (The agencies always reported N/A or unscorable as far as I know). I wrote them a complaint and they agreed to reimburse the fee. It has been a month and today I saw that they have not reimbursed the fee and are not going to reimburse it. Looks like my bank is on their side side since I authorized the fee. While this is true, I only paid it due to a fraudulent misrepresentation and they agreed to reimburse it.
We are only talking USD 75 but I am very pi...ed about this. Also, If they do this with 10 people a day, 20 days a week, than this brings in 15k every month per apartment already. Very much like the "credit check" that the Nigerians want you to do for non existing apartments on craislist. This "check" signs you up for a monthly subscription.
What are my options?
Response by poster: The legality of fraud depends on whether the perpetrators personally profit from the fee or not. This remains unclear in my case (the Nigerians on Craigslist do because of an affiliate program). But obvioulsy I only paid the fee because of their assurances. I also would prefer if they don't do this in the future to other people.
posted by maloqueiro at 10:50 AM on November 5
posted by maloqueiro at 10:50 AM on November 5
When they agreed to reimburse the fee, did they state that in writing?
Did they write it concretely ("We will reimburse your fee") or vaguely ("I'll check with my manager and hope we can reimburse you")?
posted by sandwich at 10:52 AM on November 5 [1 favorite]
Did they write it concretely ("We will reimburse your fee") or vaguely ("I'll check with my manager and hope we can reimburse you")?
posted by sandwich at 10:52 AM on November 5 [1 favorite]
Response by poster: Their exact wording in the email: "We can surely refund your application, you can see the refund hit your account in 3-5 business days. "
Well, you could argue "we can" does not mean "we will"
posted by maloqueiro at 10:57 AM on November 5
Well, you could argue "we can" does not mean "we will"
posted by maloqueiro at 10:57 AM on November 5
I don't know what your average hourly wage is in this life (that is, what $75 really means to you) or what your personal value point is on pride/not being ripped off.
But my guess is that when you do the math on the effort it would take to undo this and the odds of even succeeding, you are going to decide that $75 is not worth all of that.
posted by DirtyOldTown at 11:01 AM on November 5
But my guess is that when you do the math on the effort it would take to undo this and the odds of even succeeding, you are going to decide that $75 is not worth all of that.
posted by DirtyOldTown at 11:01 AM on November 5
If you want to be annoying and probably still not get your money back, subscribe to all of their social media feeds and comment that they still haven't refunded your fee every time they post.
posted by gregr at 11:04 AM on November 5 [6 favorites]
posted by gregr at 11:04 AM on November 5 [6 favorites]
I'd look up the email addresses of their C-suite, and forward the company's email (where they promise to refund you) individually to several C-suite members. I would politely add, "I haven't received my promised refund after 30 days. When can I expect the refund?"
It's likely that one of them will forward it to an underling with a note "Please pay this". The underling will do it since it's from their boss.
posted by sandwich at 11:08 AM on November 5 [5 favorites]
It's likely that one of them will forward it to an underling with a note "Please pay this". The underling will do it since it's from their boss.
posted by sandwich at 11:08 AM on November 5 [5 favorites]
sorry -- found wrong cmpnd on linkedin
posted by gregr at 11:15 AM on November 5 [1 favorite]
posted by gregr at 11:15 AM on November 5 [1 favorite]
Response by poster: "I don't know what your average hourly wage is in this life (that is, what $75 really means to you) or what your personal value point is on pride/not being ripped off."
Since returning to the US, I've noticed an alarming increase in scams and deceptive practices, which seems to have become the norm. My recent experience with purchasing a plane ticket to Europe illustrates this troubling trend.
I needed to transport a 70-pound dog and had confirmed with an airline that their cargo hold could accommodate the crate, as another airline couldn't. After purchasing the ticket through Fareguru, I contacted the airline to arrange the additional fee. However, they then informed me that while the crate would fit on the initial flight, the layover time was insufficient for the connecting flight.
In the US, there's typically a 24-hour cancellation policy for airline tickets. However, when I tried to cancel, the ticket agency falsely claimed that the 24-hour window had already passed. Fortunately, I successfully disputed the charge and received a refund, allowing me to purchase another ticket.
The new rule seems to be: once you hand over your money, it is gone. I don't like this attitude, which is why I don't take such things lightly. It encourages this behavior.
posted by maloqueiro at 11:32 AM on November 5 [4 favorites]
Since returning to the US, I've noticed an alarming increase in scams and deceptive practices, which seems to have become the norm. My recent experience with purchasing a plane ticket to Europe illustrates this troubling trend.
I needed to transport a 70-pound dog and had confirmed with an airline that their cargo hold could accommodate the crate, as another airline couldn't. After purchasing the ticket through Fareguru, I contacted the airline to arrange the additional fee. However, they then informed me that while the crate would fit on the initial flight, the layover time was insufficient for the connecting flight.
In the US, there's typically a 24-hour cancellation policy for airline tickets. However, when I tried to cancel, the ticket agency falsely claimed that the 24-hour window had already passed. Fortunately, I successfully disputed the charge and received a refund, allowing me to purchase another ticket.
The new rule seems to be: once you hand over your money, it is gone. I don't like this attitude, which is why I don't take such things lightly. It encourages this behavior.
posted by maloqueiro at 11:32 AM on November 5 [4 favorites]
File a complaint with the NJ DCA. I haven't worked with this state directly, but filing a complaint usually prompts a "mediation" with the company facilitated by the department. The unfriendly scrutiny of the state often encourages the company to address an individual problem.
posted by praemunire at 11:56 AM on November 5 [2 favorites]
posted by praemunire at 11:56 AM on November 5 [2 favorites]
After purchasing the ticket through Fareguru, I contacted the airline to arrange the additional fee. However, they then informed me that while the crate would fit on the initial flight, the layover time was insufficient for the connecting flight. In the US, there's typically a 24-hour cancellation policy for airline tickets. However, when I tried to cancel, the ticket agency falsely claimed that the 24-hour window had already passed.
I'd say it's pretty well known that airlines and travel agencies don't communicate well with each other (don't share a common database?), except on the most basic matters. Seconding moosetracks, I wouldn't call this any sort of fraudulent misrepresentation, but rather a series of errors, including someone not checking the required layover time, and not knowing the applicable 24-hour period. By all means, seek reimbursement, but you'll do better if you lighten up. (No idea how you think Nigerian Craigslist entries are pertinent. Nor how you think the rental agency is doing this 20 days per week.)
posted by JimN2TAW at 12:52 PM on November 5
I'd say it's pretty well known that airlines and travel agencies don't communicate well with each other (don't share a common database?), except on the most basic matters. Seconding moosetracks, I wouldn't call this any sort of fraudulent misrepresentation, but rather a series of errors, including someone not checking the required layover time, and not knowing the applicable 24-hour period. By all means, seek reimbursement, but you'll do better if you lighten up. (No idea how you think Nigerian Craigslist entries are pertinent. Nor how you think the rental agency is doing this 20 days per week.)
posted by JimN2TAW at 12:52 PM on November 5
Sorry, I see I've mixed up your complaints about the apartment rental and about the airline tickets. Bottom line, just errors, no one's evil here. You'll do better with your reimbursements if you'll lighten up a bit.
posted by JimN2TAW at 12:55 PM on November 5 [3 favorites]
posted by JimN2TAW at 12:55 PM on November 5 [3 favorites]
I'd say it's pretty well known that airlines and travel agencies don't communicate well with each other (don't share a common database?), except on the most basic matters.
Just on the subject of flights: it's almost always a better idea if at all possible to buy directly from the airline and not from third-party resellers like fareguru. Otherwise it's easy to get into situations where each party says the other one is responsible for cancellations, changes, refunds, etc. However, airlines themselves do routinely sell itineraries with unrealistic transfer times, and I have always wondered how that continues to be a thing.
today I saw that they have not reimbursed the fee and are not going to reimburse it.
Did they explicitly inform you of the second part?
posted by trig at 2:13 PM on November 5 [2 favorites]
Just on the subject of flights: it's almost always a better idea if at all possible to buy directly from the airline and not from third-party resellers like fareguru. Otherwise it's easy to get into situations where each party says the other one is responsible for cancellations, changes, refunds, etc. However, airlines themselves do routinely sell itineraries with unrealistic transfer times, and I have always wondered how that continues to be a thing.
today I saw that they have not reimbursed the fee and are not going to reimburse it.
Did they explicitly inform you of the second part?
posted by trig at 2:13 PM on November 5 [2 favorites]
File a claim in small claims court. They likely won't show up. Or, if they do, it will cost them more than the $75 to send a lawyer to small claims court. If they don't show, you win by default and can then put a lien on their bank account.
(At least that is what a friend did in a similar situation.)
posted by JohnnyGunn at 2:54 PM on November 5 [1 favorite]
(At least that is what a friend did in a similar situation.)
posted by JohnnyGunn at 2:54 PM on November 5 [1 favorite]
I'm in the midst of a small claims thing right now, and it has so far cost me approximately $175 to file + serve the other party + share my documentation with the court and defendant in advance (required). I don't recommend it for something this small; I'm not sure that you can recover those costs.
I'm in Los Angeles; YMMV.
posted by BlahLaLa at 3:47 PM on November 5 [1 favorite]
I'm in Los Angeles; YMMV.
posted by BlahLaLa at 3:47 PM on November 5 [1 favorite]
This is exactly annoying enough to file a complaint with the management and maybe a state agency, focusing on the promise to refund you and NOT on flinging the term "fraud" around. If that doesn't get you anywhere, leave a public comment or two on rating sites to warn future possible tenants.
It doesn't sound worth doing anything more than that; you will spend much more of your time than it's worth to try to get $75 back.
posted by Stacey at 4:36 PM on November 5 [1 favorite]
It doesn't sound worth doing anything more than that; you will spend much more of your time than it's worth to try to get $75 back.
posted by Stacey at 4:36 PM on November 5 [1 favorite]
"20 days per week" perhaps you meant 20 days per month? or 20 times per week? You can't do something for 20 days during a 7 day period. In any case, you've been given some good suggestions for either getting yourself reimbursed (write the C-suite officers of the company, leave comments on their social media), and a few for taking it to governmental agencies that deal with this type of issue. You will have to decide how much effort this is worth.
posted by drossdragon at 4:45 PM on November 5
posted by drossdragon at 4:45 PM on November 5
Mod note: Several comments removed. OP, please remain focused on your particular question and avoid bringing up side issues.
posted by Brandon Blatcher (staff) at 4:24 AM on November 6
posted by Brandon Blatcher (staff) at 4:24 AM on November 6
Did you follow up "Just checking in, thanks for agreeing to refund me due to the misunderstanding that I required a background check since I would be declined for my disclosed credit background lack. I have not seen the refund yet. Is there anything else I need to do? I appreciate your courtesy." Remember, quite honestly the people reading your email did not come up with this policy and can or cannot choose to help you within their scope of responsibility possibly decided based on how nice you are.
Also, just double check that the refund did not come in only on your statement, not as a transaction notice, and in the credit column, not as a charge, as this is a common miss.
Whether you approved the fee or not, you still feel that they lied about needing a background check since they declined you based on another factor that they agreed was not an issue. This means you can confidently dispute the fee because you did not get what they agreed which was consideration despite the disclosed credit check finding. If this was a visa/mastercard/discover/amex transaction, you can dispute the fee. I probably would but I would follow up on the refund first. If I could not dispute or get the refund, I would probably give up at this point though possibly use AI to generate a strongly worded email in the style of a law firm which has worked for me in the past as well but obviously takes more of your time and limited life energy.
(On a broader level, this kind of thing is so common, usually not for nefarious reasons. My digression this week is a long, long issue with two unnamed shipping service companies, ugh. I spend so much time tracking down issues like this. Either way, track it down or let it go whatever works best for you, but I wish for you and me that it does not cause physical and mental stress. What should you do? Whatever works best for you but don't let it steal your peace and calm, be as well as you can.)
posted by RoadScholar at 5:04 AM on November 6
Also, just double check that the refund did not come in only on your statement, not as a transaction notice, and in the credit column, not as a charge, as this is a common miss.
Whether you approved the fee or not, you still feel that they lied about needing a background check since they declined you based on another factor that they agreed was not an issue. This means you can confidently dispute the fee because you did not get what they agreed which was consideration despite the disclosed credit check finding. If this was a visa/mastercard/discover/amex transaction, you can dispute the fee. I probably would but I would follow up on the refund first. If I could not dispute or get the refund, I would probably give up at this point though possibly use AI to generate a strongly worded email in the style of a law firm which has worked for me in the past as well but obviously takes more of your time and limited life energy.
(On a broader level, this kind of thing is so common, usually not for nefarious reasons. My digression this week is a long, long issue with two unnamed shipping service companies, ugh. I spend so much time tracking down issues like this. Either way, track it down or let it go whatever works best for you, but I wish for you and me that it does not cause physical and mental stress. What should you do? Whatever works best for you but don't let it steal your peace and calm, be as well as you can.)
posted by RoadScholar at 5:04 AM on November 6
Just want to validate that these kind of shady tactics by scammy landlords are not acceptable and I'm confused why so many MeFites seem to think it's not a big deal.
This is vaguely in the same category of thing that I've won in a credit card dispute, if I have everything in writing; but also worth publicly shaming them on social media / online reviews and seeing if that gets anywhere.
posted by cnidaria at 3:47 PM on November 6 [3 favorites]
This is vaguely in the same category of thing that I've won in a credit card dispute, if I have everything in writing; but also worth publicly shaming them on social media / online reviews and seeing if that gets anywhere.
posted by cnidaria at 3:47 PM on November 6 [3 favorites]
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posted by moosetracks at 10:39 AM on November 5 [2 favorites]