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Changing price of firearm AFTER payment was made?

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Alex45ACP

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Apr 21, 2005
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USA
I ordered a firearm from a dealer's web site. The firearm was listed at $789, shipping was $35, insurance was $7, and there was a $25 charge for ordering with a credit/debit card. The grand total came to $856. This was the total on the receipt they emailed to me. I later checked my online banking and noticed that the dealer charged me $901.

I called to inquire about the discrepancy and the person I talked to told me that it was a mistake on their web site and that $789 was their cost, not the price I should have paid, and that if I wouldn't pay the $901 they would have to cancel the deal because they wouldn't be making any money on it.

Is this legal? What would you do in this situation? I ordered from them because the lowest price I could find anywhere else was $100 more, but after this and the unexpected $25 fee for paying with a card (which I did agree to) I'm barely saving anything by ordering from them. Mistakes do happen, and I don't want to make a big deal over $45, but I have half a mind to cancel the deal just because it seems a little sketchy to tell someone you charged them X amount when you really charged them X+45.

I will keep the name of the dealer to myself for now.
 
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That's not even remotely ethical, and probably a wee bit illegal. I would insist that they charge you the price on the receipt or cancel the order, without any re-stocking fees or other charges. If they don't forward the receipt to your credit card company and dispute the charge.
 
Their web site probably has fine print to cover this sort of thing. But you might pursue them in small claims for the overcharge. Personally this is a reason I don't do big purchases from big vendors. And it's a reason I absolutely refuse to use a credit card. They can't jack up the amount of a money order.
 
Did you use a credit card or a debit card? If you used a credit card, you can pursue a resolution through your card company/bank.

You can't do that with a money order. FWIW, I would never do business over the web and pay with a money order. If you send them a money order, they have your money. If you pay with a credit card, the card company will refund your money, if the transaction is determined to be fraudulent, and go after the merchant.
 
I used a debit card. The person I talked to said they would refund my money, that's not an issue. And I'm still saving a little money by ordering from them vs. the lowest price I could find anywhere else. I was just a bit concerned by the way they overcharged me without notifying me, even though the receipt they sent me was for $45 less.
 
They should give you the option to walk away without being a penny lighter.

Sometimes, it is a better business decision to make no money, rather than to lose money. Occasionally, I have to make this decision in my business. I will never force a customer to go through on a deal that has changed in price, but I also can't always lose money willingly, if I have the opportunity to stop the deal. You pick and choose your losses if you're lucky.
 
no, they are wrong. You do not jack up the charge AFTER payment is made and charged to your account. If it's not an authorized charge, it's illegal, plain and simple.

It'd be like selling lemonade at a road-side stand, carging the customer 2$ and after tey drink it you tell them the actuall price they should have paid was 5$, and the 2$ was the cost you paid to make the lemonade... now choke it up or pay out so I can make my money... makes no sense, does it?
 
The grand total came to $856. This was the total on the receipt they emailed to me. I later checked my online banking and noticed that the dealer charged me $901.

Sounds illegal. You can't charge someone some amount, and then just use their card number and take more money. I'm not sure how things work, but considering the charge doesn't match up with what you allowed them to charge, you could probably pursue some sort of legal action. Save your receipts, wait till it ships, then demand a refund of the 45 dollars they stole from you.
 
Cancel. Wait for refund.
Order from a reputable dealer.

Then take the high road and bash the jerks on every Internet forum you can find. :)
 
I don't know the legality, but if I accidentally sold a gun at cost I'd continue the sale and call it a life lesson in paying attention to detail. The hassle of cancelling the sale and potential bad publicity from backing out on a deal outweigh the time spent on a no gain sale.
 
Here in Florida we have FDUPTA, the Florida Deceptive and Unfair Trade Practices Act, which outright bans bait and switches like what you were caught with. You would be able to get a refund, attorneys fees and basically be able to put the dealer over your knee and take what you wanted from him.

Missouri might have a similar statute, if they do that is what you want.
 
put it this way.....if you walked into the store, bought the gun(in cash)....and walked out the door.....then the guy came running from behind the counter and said they listed the gun at the wrong price....and demanded you pay more........would you?.....heck no.

once you sent payment, and received a receipt, the gun is legally yours, regardless of the price you paid.........if they got it wrong, suck to be them.........and if they take money without your consent....that is theft, which you know is highly illegal.......

ide say get the police involved if they wont give you the extra money they took out and your rifle back.
 
If it was their mistake, it's their mistake. Regardless. It was advertised as a certain price. If it was wrong, that's their fault. I would demand the product at that price or take my money elsewhere, even if you're paying more. That kind of business is extremely shady and I can't respect that kind of conduct.
 
Heh, I knew a guy once that bought a new Harley, and the owner of the dealership called him up complaining that the salesman screwed up and sold it too cheap.

Dave said "Jeeze, that's too bad".
Dealer said "if you were any kind of a man, you'd come in and make it right."
Dave said "if you were any kind of a businessman, you'd train your people how to do sales right." Then he advised him to go pound sand. I believe he made it a point to ride by as often as possible and wave merrily.
 
Bait and switch tactics are indeed illegal, it's their mistake, they should honor the price as given to you. Depending on how far you want to push it, you have a receipt, you can make them honor it if you so desire. Also, sending you a receipt for one price and taking a greater amount against your card, is credit card fraud.

While I'm at it, charging you a fee for using your credit/debit card, is a violation of their merchant account contract that allows them to accept cards for payment. Merchants are not allowed to jack up the price because someone is using a card. The loophole for that is they may offer a "cash discount", which is fine. But if they say there's a $25 dollar credit card fee, or something similar, they can lose their ability to accept credit cards entirely.
 
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If the price was wrong, they should have contacted you before charging your card and offered you the option to pay the higher price or walk away. A truly honorable shop would've sold it to you for the stated price... but times are tough, I guess.

It was inappropriate to charge a higher price on the card. Obviously, someone noticed the error before charging the card (which is why they charged higher), so obviously someone could've contacted you before the charge - but they didn't. That is no bueno.

Cancel it and get it from somewhere else.
 
1. Get everything in writing. If they have email use it and get them to admit everything.
2. Cancel payment on your credit card, and provide CC bank with all documents received from 1, or
3. Have a lawyer write a demand letter, and/or sue them.
 
If you didn't authorize it, it is a fraudulent charge on your account. If they won't cooperate and refund your money, dispute the charge with your bank. The scam artists you bought from might not even wind up getting one cent as a result.
 
sending you a receipt for one price and taking a greater amount against your card, is credit card fraud.

While I'm at it, charging you a fee for using your credit/debit card, is a violation of their merchant account contract that allows them to accept cards for payment. Merchants are not allowed to jack up the price because someone is using a card. The loophole for that is they may offer a "cash discount", which is fine. But if they say there's a $25 dollar credit card fee, or something similar, they can lose their ability to accept credit cards entirely.

Bolded for good information. Don't let this slide.
 
You can file disputes with debit cards as well as credit cards.
My plan of action in this case would be:
Receive item
File dispute with bank, provide receipt
Receive the partial refund from the bank.
 
You can file disputes with debit cards as well as credit cards.
My plan of action in this case would be:
Receive item
File dispute with bank, provide receipt
Receive the partial refund from the bank.
I would also do this. We accept CC's and no way would we ever charge more than was authorized by the card holder. We also don't upcharge for CC's.

Oh, IIRC the merchant will also get dinged with a chargeback fee for processing your refund.
 
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