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John F | Beating Strip Club Debit Charge? |
Problem: Went out to a strip club Friday night, let myself be taken into the Champagne Room for more then $2000.
I didn't realize how much I had been charged until Monday morning, when I looked at my online statement, and then called in to protest. Problem is they can't do a chargeback since it was a debit payment and the club refuses to void or reduce the transaction since they have card imprints, signatures and a copy of my drivers license.
My contention was that since I was too drunk to remember signing, and they assisted by serving me more alcohol, then my signatures can not be held as legally valid.
I have the option of having the bank file an affadavit to regain the funds or launching a civil case in small claims court with myself as the plaintiff attorney. I intoned to the club owner by phone that such action would very quickly make her defense of the case more trouble then it was worth. They laughed.
So do I have a legal chance even in a low cost annoyance suit? |
 |
 
Bob
 |
The contract law is very specific regarding intoxication. You signed a contract (debit slip) saying you would pay $2000. You are bound to that contract unless they did something fraudulent, which they didn't. Giving you alcohol doesn't count as fraud.
So, your only hope is to claim incompetance based on intoxication. If you are actually incompetant (mentally challenged, under-age, etc) then you are able to get out of most contracts. Since you were voluntarily intoxicated, you don't get that leniency. The only time you can ever disaffirm a contract is if you can negate it the instant you sober up, and return the consideration you were given. While you did try to disaffirm it by contacting the bank and the club, you can not return the consideration because it was a service. So, you can not negate the contract because they're still out the alcohol and time of the dancers, and you can't do anything to return those items (I doubt they really want your alcohol-filled vomit and stripper-induced erection).
So, you're screwed. You can hassle them, but believe me, you won't get anywhere and you'll just be out the additional cost of the legal fees.
Life lesson - when going to a strip club or any club that serves alcohol - only bring cash, never ever ever ever bring plastic of any sort because it will get used despite your best intentions. |
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SPIFIMAN1
 |
Thanks for making me laugh.
To answer your question, you might but I doubt it.
My daughter used to dance in a strip club several years ago and you sound like a lot of the customers that used to go there, you come in, spend a lot of money, get drunk, make a fool of yourself and then try and blame other people for your actions.
Why don't you just man-up admit it was your fault, learn your lesson and go on with your life. |
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casapulla2001
|
No chance. You're a loser. I mean that more as a court fight/description than an insult (although it certainly applies). You are learning an expensive lesson. You can't claim being drunk, because there's no way to prove that it wasn't your own free will -- which it was. Your little-head signed that check there, buddy.. and now you think you can outwit it. But, you can't and it's gonna hurt... DO YOU THINK THESE PEOPLE DON'T HEAR FROM GUYS LIKE YOU... probably every Monday ??
As Ben Franklin said: "a fool and his money, is soon parted." |
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Blicka
|
Nope.
You can go ahead and try and counter them with a lawsuit. When you lose, they will countersue you for the court costs and punitive damages for wasting their time.
Sorry slappy, you've got no case. |
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RICHARD S
 |
no, stupid is as stupid does,consider it a life lesson and move on |
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STEPHANE O
|
I used to dance in a strip club, we loved customers like you, you come in make a fool of your self and then try and blame us for you being drunk.
You have no case, believe me. |
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Lt Col Killgore
|
You think you're the first person this happened to or tried to fight it ?
NOT A CHANCE
All I can say I was hope it was worth the 2 Gs |
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Trouble
|
No, not a chance. |
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glennroid
 |
You don't have a chance. No one forced you to go there.
I saw a very similar case on Judge Judy (small claims). She laughed and they lost. |
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halfwaytoeverywhere
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You have no chance. No one forced alcohol down your throat and you signed the reciept. |
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Vera C
|
Not a chance! Let this be a lesson learned. |
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Feeling Mutual
|
Small claims court.
You might win, your best bet is that they don't show up and you win by default. Even if you win, you have to collect.
I think most importantly, is that they did not inform you of all the charges when you signed.
The big question is, is it worth more than 2 Gs for them to take the time off to go to court. |
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$m¤¤v¥ £¤¢¤
 |
$2,000? Ouch. An old man in the South once told me is that "A BOUGHT lesson is a TAUGHT lesson." Not that I'm discouraging you from fighting for what you believe in, but to be honest, if it were me, I'd just take one for the team, and move on. You used your debit card (big mistake) at a strip club (bigger mistake). It's surprising that you were able to escape how you did. Like you said, they have your signature, imprints, and a copy of your ID. Do the math. No court on earth let alone the United States is going to acknowledge the fact that you were "too drunk" to remember signing. Did they force the drinks down your throat? You might think so, but it's highly unlikely. If you knew at any time that you were going to be incoherent, you should've cut yourself off. Look, I'm not trying to knock you for what happened, I've had that happen to me a couple of times, maybe not in the magnitude that happened to you, but I know the feeling. Once it's gone, it's gone. I'm saving you the from the judge embarassing you 6 ways to sunday. In small claims court, you have to prove neglience by a preponderence of evidence. What evidence can you prove that they were negligent? Based on what you've mentioned in your answer, there's not a whole lot. Think about this, even if you do follow through and win, what would it cost you? Then it would be a pyrrhic victory, meaning that you won, but the end simply didn't justify the means.
Everybody's that's answering this is probably laughing at you, I'm not, I feel your pain. But on the same token, for one night, you "paid the cost to be the boss"
It is, what it is.... |
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Deliah
 |
You have no chance period. Curious did you get up go out get into a car and drive yourself home? |
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gpatrick900
|
You may not be able to get the money back. The person who told you you can not do a charge back with a debit card is incorrect. Especially if it was a signature transactions. Then they can do a charge back but you got to prove you were tricked.
They are suppose to tell all of the charges before you had anything to drink and would you like to set a limit.
Drunk or not you are still responsible.
Depending on your state laws. The may have violated the law by copying your drivers license.
Making an imprint of the card is a violation of MasterCard or Visa merchant rules. Provided your debit card has a MasterCard or Visa logo. The only exceptions are if they do not have a terminal or a terminal with a printer. You can call MasterCard or Visa and report the violation. |
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bdancer222
|
Do you think it rather strange that they have an imprint of your debit card, signatures, and a copy of your driver's license? There is no way you could possible win in court.
Next time leave all the debit and credit cards at home. |
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seachelle38
|
Well, I wouldn't go with the drunk defense. Were you given the impression that it was included in the cost of the rest of the evening? Did you ask the cost and were told something different? Was there a sign posted or any paperwork disclosing the cost of entering that room? How could it have been debit, did you swipe your card and enter your pin number? If you didn't enter a pin and you signed something get a copy of what you signed. Was the total entered before you signed? Did anything potentially illegal (ie sex/prostitution or drugs ) happen in that room? Did the Champagne room meet your expectations or did they misrepresent themselves and the service being offered there fore committing fraud?
Personally I think you are out of luck but, if you can approach it from another angle besides I was drunk and stupid you may have a chance.
Good luck |
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DebtFree
|
so it's their fault that you are irresponsible?
this was an expensive lesson. did we learn anything?
this would make a great master-card commercial....
"$2000 lost in a strip club? Priceless." :) |
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Tommy Menudo
|
You are what's commonly referred to as "Assed-Out". You messed up. We all have a story like that, but 2 grand. That's pretty harsh. Hopefully you have a lot of money and cn recover financially. |
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cowboydoc
 |
This by any chance didn't happen at the "Narcissist" club, just off the strip, in Las Vegas did it.
Your not the only one this has happened to through the years, lawsuits come and lawsuits go, we follow them all the time. Foolish young men are soon parted with their money and, virginity.
You will be told in court, the next time, leave your money at home or, have a Friend hold it for you. |
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Cali-Gal
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All I can say is "you pay to play." Not much you can do about this one without humiliating yourself in court.
Oh alright....I can't resist....I'm back.
"Champagne taste with a beer pocketbook?" |
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Cool Dogg Ringer
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Yes and go to court about this. |
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