Overcharging is actionable as breach of contract.
If you have been overcharged by your counter-party in a written contract or agreement, call us. In many cases, prices are fixed by contractual terms and your counter-party is not at liberty to change or alter the price, unless other terms of the contract are satisfied, such as the written modification clause. If you have an overcharge issue or have been overcharged, call us.
Keep in mind the doctrine of quantum meruit, which translates from Latin roughly as "as much as is deserved". Under this doctrine, those who confer a benefit on you are entitled to compensation for it, subject to some important exceptions. If you asked them not to do it, for instance, they are not entitled to quantum meruit payment. But if you permit someone to confer a benefit upon you, you can be liable to them for the value of the benefit under a quantum meruit theory, even if there is no written contract--even if there is no contract at all. Imagine the case of the freelance car window washer who runs up to you at the stoplight and tries to clean your windscreen. If you knowingly stand by and permit him to do the work, you will owe him under quantum meruit. He has no contract but he has conferred the benefit and you must pay him. Of course, he cannot demand an exorbitant fee or an improper fee, or any kind of excessive fee. He is only entitled to the value of the benefit, i.e. a clean windscreen. In theory, he could hire a business lawyer and sue for the charges.
Card Company Wrongful Charges and Chargebacks.
Wrongful charges and charge backs by credit card companies, better known as merchant services providers, are a common complaint at The Vasilco Law Group, P.C. Our business lawyers regularly hear about merchant service providers simply locking up or holding huge amounts of collected card payments, as a reserve against the contests they anticipate from card users. If you are one of the unlucky ones in an industry with a high percentage of complaints and charge backs for card use, this will probably happen to you. It is normally permitted under the contract you may have signed, but always check. The real problem happens when the merchant services company goes bankrupt still holding your deposit monies. You then have to convince the bankruptcy trustee that those funds are not available to other creditors but rather are yours, which is a complex and costly undertaking and should be handled by an attorney. If you have experienced over charging or wrongful charges from a merchant service company, call us today.
Contact a Denver Business Lawyer at The Vasilco Law Group, P.C. for legal counsel and litigation representation.