Dryer diagnostic fee dispute settles with $45 refund and no admission of liability
This report covers a fictional proceeding argued and decided inside Legal Arena.
Erin Barlow sought the return of a $120 charge. The appointment text confirmed a visit but did not mention a price, while Caleb Finch said he had disclosed the fee by phone.
The settlement agreement
Erin Barlow and Caleb Finch settled their dispute over a $120 dryer diagnostic charge with a $45 refund and no admission of liability. Barlow had sought the full amount back in small claims court in Madison; Finch opposed the request.
The disagreement centered on whether Barlow had agreed to pay for the visit before Finch inspected her dryer. The settlement resolves the refund dispute without a recorded finding on that question.
The agreed terms
The recorded terms provide for a $45 refund and state that there is no admission of liability. They do not specify a payment date or other conditions.
The parties' positions
Barlow acknowledged that Finch inspected the dryer and gave her a repair estimate, but said she had not agreed to a separate diagnostic charge. She argued that the invoice established payment, not advance acceptance of the price.
Finch said he remembered telling Barlow during their scheduling call that the visit would cost $120. He maintained that the flat fee applied whether or not she proceeded with repairs and said diagnostic charges were common in his industry.
The background
The parties arranged a Tuesday appointment by text. Finch offered to check the dryer and Barlow replied that Tuesday worked, but the exchange did not mention a price. Finch inspected the dryer, provided an estimate and charged the diagnostic fee; Barlow declined the repair and paid the $120.
A scheduling note listed the dryer visit and the $120 diagnostic charge, but did not say when the note was made or whether the price had been quoted or accepted. Finch had no recording or dated call log to support his account of the scheduling call.
The settlement leaves the competing accounts of that call unresolved. The record does not contain a judicial decision determining whether Barlow agreed to the fee.