Can you sue overcharged amount?

Question

I ordered a pizza online from pizza hut. I went to pick it up and paid with my credit card. Today while paying my bill, i was going throught my credit card statement, i noticed that the amount charged for my pizza was high. So i went throught my receipts, and found that i was overcharged. so i called my credit card company, and the department that handle this was not open on weekends. So i began to think how can this happen. i concluded that this was not an accident, because i already have a copy of the receipt that i says i agree to pay this amount. I only other option was they recharged my card for a different amount. Even though, it was an extrea few dollars, i felt that had i not noticed the difference, i would of been overcharged. And who knows how many other people they are doing this to.

So my question is can i sue for more then the amount overcharged, for making me all this work. Or for defrauding me if i had not noticed?

i was not thinking of paying for a lawyer, i was thinking of taking it small claims. and if i won, wouldn't they be the one paying for the court fees?

I think i have a way to prove my theory, i will go back and reorder. if they do the same thing again, that would prove to the judge that, that was willfull and malicious intent.

Answer 1

Technically you could sue, but it would most likely be thrown out of court (even small claims), and it would cost you a whole lot more than a few measley dollars. Even on the off-chance that you did win, you didn't suffer any real loss - you would be reimbursed your few dollars that you were overcharged.

Mistakes happen all the time - I'm sure that it wasn't deliberate nor that you were targetted. If it was a scam I'm sure someone else would've noticed by now (I mean it's never happened to me and I go to Pizza Hut probably once a month).

Just contact the store, or if you don't have the name of the store as you ordered it online, contact management. Write a letter of complaint if you want and request that the money be reimbursed. But don't start a huge fuss - not only does it make you seem sue-happy, but you seem quite neurotic when you say things like "this was not an accident".

Answer 2

Is it possible you put a tip on the card and forgot the amount? I deliver pizza and customers add tips to credit cards every day. It is possible that someone just typed the wrong number when they added the tip to the card. Have you asked the pizza shop about this? The place I deliver for would correct the charge and probably give you a free pizza for your trouble. Try working with the pizza shop first. I will cost less than filing a suit, even in small claims.

Answer 3

restaurants and people make mistakes all the time. There is no way you would get anything for it in court unless it was a ridiculous amount of money. The money you would be paying for a lawyer and court fees would be more than you would be getting paid.

edit- still depends on how much it was. You would have to prove they were trying to defraud you, which they probably weren't unless it was like 100 dollars over. They would probably just give you the money back for the pizza and maybe a little extra if you went to them and complained enough. It's not worth it.

Answer 4

Yes, you can, but it would cost WAY MORE to sue than it would to just forget about it.
You would sue under a Contract Theory called Unjust Enrichment.

Answer 5

that was a nice tip but call a lawyer to find out what for sure you can do

Answer 6

go to the better business bureau's website and file a complaint.