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by ANewFormation 534 days ago
Btw, 'informal' agreements, even oral only, are legally binding, though it may (?) vary by state. For example an email is legally binding.

In a case like this,there's not even the need for small claims - if you just contacted the better business bureau, you'd have gotten reimbursed the shipping and then something reasonable on top as 'an apology for the misunderstanding.'

2 comments

The Better Business Bureau is a private organization with zero power to enforce any agreements or judgments. At most, it was Yelp before the internet.
BBB accreditation is a big deal for most major companies, and it includes an obligation to resolve issues (exactly like this one) with their arbitration. I've used them 3 times, with 3 positive (and rapid) outcomes.

Next time you have a straightforward 'they're wrong' issue with a company where you're getting outsourced flowcharts for support, try out the bbb. They're great.

Small claims would obviously also work, but that's a major investment in time/bureaucrazy, while a bbb complaint can be completed online in 10 minutes with maybe one or two brief follow-ups, but usually all it is, is them getting in contact with a human who can do things - and for cases like this, they obviously try to make it right.

I would have to file in small claims court. And for 40 USD I am not willing to do this.

I think you don't need even an oral agreement for a contract to be valid. Conclusive action is enough. Take a newspaper, but 2 USD on the table, leave. No words exchanged but valid sales contract established.