QUESTION

Could I be charge if the a customer was charged for the application and service fee due to late cancelling of her order?

Asked on Jan 29th, 2014 on Litigation - Missouri
More details to this question:
We own a furniture store that we finance people through a couple different companies. The customer goes through an online application process to find out how much they are approved for. Once approved, the customer can use the approval amount to purchase items from our store. In order for our store to get clearance to deliver or allow the customer to pick up, or take merchandise from our store, the customer must pay an additional application fee and a service fee at time of purchase. Once the customers pay these fees and/or any overages that extend beyond the finance company’s allotment for a specific customer’s account, we usually say, “With your permission, we will have to put input all of the items you have financed and digitally sign the finance company’s agreement allowing them to withdraw the payment amounts discussed from the checking account you submitted during the application process.” This enables us to move on to the next sale and allows the customer to leave instead of waiting for us to enter the items and have the finance company draw up the online contract and/or having us to print out a seven page contract that the customer would have to sign. This saves our company, ink, paper, time and time taken away from other customers. We would do the online contracts and digitally sign them when time permits, usually at the end of the day of purchase. If we can make it legal to do so. We had a situation last week where a customer cancelled the order the night before delivery and demanded that she received her application and service fee amount. She got angry and started using profanity in the store and I asked her and her friend to leave. They refused, so I called the police. The police arrived ten minutes later and escorted the ladies out. Then the officer told me that I could be taken to jail for someone forging her digital/electronic signature to take money out of her account.
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1 ANSWER

Creditor's Rights Attorney serving Clayton, MO at Fluhr & Moore, LLC
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I think you need to change your practice. You need written permission to digitally sign on behalf of your customer or you run risk of being charge with criminal forgery.
Answered on Feb 03rd, 2014 at 4:24 PM

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