Originally Posted by
NewArrival
After exhausting all communication efforts with Cartera's customer relations, I'm looking into small-claims court for actual and statutory damages -- not for the erroneous AA/Delta offer, but for a refund that Cartera agreed to send for a returned product and shipping costs. I haven't received the refund. I've followed up clearly, giving Cartera many chances (and reminders). Cartera is delinquent by months and shows no sign of following through, despite agreements and demands. I can't just reverse charges by credit card, because Cartera owes additionally for return-shipping of the product.
Since "actual" damages are smaller than court filing fees, it's only worth my time and expense to travel to Massachusetts (from hundreds of miles) if I'll recover statutory damages, which are justified. How do I calculate statutory damages? Any guidelines?
Also, anyone know of consumer-protection laws I can draw on? Other tips for recovering refund? All Cartera's promises have been broken.
I plan on sending a final demand letter to the Cartera point person I'm dealing with, and Cartera's CEO, and then serve the former. Other steps to call attention for a resolution?
All I really want is the refund, with delivery tracking.
EDIT: Well, well! After posting this, Cartera called to say they're now overnighting the refund, after months. I'll leave this post up, unedited, until it reaches me. Cartera's credibility doesn't exist, so my court intentions remain unless I see the check tomorrow. Remember, it's been months of back-and-forth. Maybe it helped that I left voice messages this afternoon for the executives supervising the guy running "customer service."
Since it appears Cartera Commerce/Vesdia is reading FlyerTalk....
If you're reading this Cartera Commerce, I had sent you notice to both your Atlanta office and your Boston-area office regarding a formal small claims lawsuit if you didn't properly credit my AAdvantage account for a bonafide purchase which used a promo code which was posted on your website.
I have signature confirmation proving that you received my letters.
For my purchase that should have netted nearly 19,000 AAdvantage miles,
I never used a promo code that was not listed on your website, nor did I ever return the merchandise. In fact, I sent you pictures of the merchandise in my home, and a copy of the receipt from the merchant.
I told you the date to reinstate the miles was by November 1, 2011 as it was more than a month to do so, as I sent these 2 letters at the end of September 2011.
I have sent countless emails regarding this, along with the 2 postal letters.
I have not received any form of contact, regarding your decision--- not via postal mail, not via e-mail.
This is your official last chance to settle before I have a lawyer serve you papers. If you don't want to go to court, then I expect you to fulfill your obliagtion.
Please e-mail me or send me a PM with the expected date that the nearly 19,000 AAdvantage miles will post to my AAdvantage account.
As mentioned in both letters, and all emails, the nearly 19,000 AAdvantage miles were award by Cartera Commerce, and then taken back/away by Cartera Commerce. According to American Airlines, it is you, Cartera Commerce that is responsible for this mileage deduction/retraction, and not American Airlines/AAdvantage.
I will be sure to PM you to the location of this message on FlyerTalk.