Either are separate violations of basic consumer protection laws of any U.S. state; if “Boston” is in Boston, the
Massachusetts Consumer Protection Law is an example.
These are not the sort of laws a person can call the police to enforce, but instead that can be initiated by the State’s Attorney General Office against a business, or via a complaint procedure by the consumer (MA’s procedure outlined in the above link).
If I wanted my deposit back and an OB or AD rep was playing this game, I would first warn that I was about to do four things: (1) submit a complaint to the MA AG’s office of violations of the MACPA, (2) submit a formal complaint by consumer letter to the OB under the MACPA, (3) file a charge-back/fraud claim with my credit card provider, and (4) provide copies of (1)-(3) to Bienne.
If the warning didn’t work...