My husband was scammed by these people with the promise of a gold watch. He actually agreed on the phone to subscribe to ESPN Magazine. When they sent his “claim form” for the watch, they had thrown in 4 additional magazines. We called and tried to cancel, but we were told that “this is not a cancelable service” and they played a tape of my husband’s conversation with them.
DO NOT LET THEM MAKE YOU THINK THAT YOUR CONVERSATION IS A LEGALLY BINDING CONTRACT IT IS NOT!!!
I have worked for a Partner in a law firm for 16 years. Therefore, I did my homework!! Here is what I found out.
With respect to telemarketers who call consumers at home, both California and Florida Consumer Protection Laws (and probably most other states) provide that “Any contact made as a result of a telephone sales call is not valid and enforceable against a consumer unless the contract is reduced to writing; identifies the same goods or services discussed on the telephone; contains the name, address and telephone number of he seller; states the total price; and includes the following statement: ‘You are not obligated to pay any money unless you sign this contract and return to the seller.’”
Your recourse is to contact the Attorney General the State where the company is located. In our case, it was the Community Reading Club of Tamarac (in Florida). We filled out a Consumer Contact Form that we got from the web site and the Attorney General is investigating it. They say that we should received a notice of cancellation shortly.
This link takes you to the Consumer Protection Section of the
Florida Attorney General:
http://myfloridalegal.com/Contact.nsf/Contact?OpenForm&Section=Economic_Crimes
The California Attorney General has a Consumer Protection Section that you can complain to. They should be able to resolve your issue as well. Be patient.
http://ag.ca.gov/consumers/index.htm
Also, if you are on the “Do Not Call” list, they violated the Federal Trade Commission’s Telemarketing Sales Rule law. REPORT THEM!!!
http://ag.ca.gov/consumers/general/do_not_call10.htm
These predators have to be stopped. I hope this helps.
Company details:
Community Reading Club of Tamarac (Florida)
P.O. Box 26778
Tamarac, FL 33220
Also:
Ms. Melissa Sentz, President
Personal Periodicals, Inc.
dba CRC Tamarac
6329 W. Commercial Blvd.
Tamarac, FL 33319-2316
(800) 924-1399