We are a massage firm providing mobile service in LA. A customer purchased over $400 worth of services/tips for service. She purchased 12 services and was provided with 11, when we decided to stop servicing her. We refunded the customer for the 1 service and 1 tip, against our no refund policy. The customer then decided to chargeback every credit card transaction claiming "services not rendered". I know that under FL law this would be felony fraud for getting services then doing a chargeback. Is this the same in Cali? Can someone please let me know if there is a case here for criminal prosecution and how we go about making the report in Cali, never dealt with Cali laws before so this is a new area for me. We have of course fought the chargebacks and have the right under credit card regs to charge the customer the $45.00 in fees we have been charged as well. I would like to know what laws/penal code has been breached here. We also know that we can do a civil claim as well, but we know that proves nothing except us being bullies and also we may never see the money unless we dole out money to put liens and garnishments on everything, again shows us as bullies. Please help!
Only the District Attorney can file a criminal case. You can make a report with your local law enforcement agency and the District Attorney will decide what, if anything, to do about it.
If you're worried about looking like a bully, you should consider the fact that a civil lawsuit can only cost the other party money, but a criminal conviction carries potential jail or prison time. Calling the cops is far more extreme than suing in small claims court.
This is NOT legal advice. It is a general discussion of legal principles by a California lawyer, and does not create an attorney/client relationship. You should always consult PRIVATELY with an attorney.
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline