• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Telephone Deception vs Paper Agreement

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

haegrrl

Junior Member
What is the name of your state? Texas

I signed up for what was suppose to be an online Professional Networking group via a phone conversation with a Sales Rep. The Sales Rep stated several benefits and a price quote that is not exactly what the paper agreement states. No contract was signed. Just a verbal agreement. Now they are saying I cannot get a $$ refund.
The sale was only made last week (12/09). Is there any type of grace period I have to change my mind or get out of this agreement?

Thank you
 


JETX

Senior Member
"Is there any type of grace period I have to change my mind or get out of this agreement?"
*** Based on the information in your post, no.
 

haegrrl

Junior Member
Thank you for your reply. But what about this partcular statement in the Deceptive Trade Practice Act:

"The failure to disclose information concerning goods or services which was known at the time of the transaction if such failure to disclose such information was intended to induce the consumer into a transaction into which the consumer would not have entered had the information been disclosed".

Wouldn't my problem fall under this act?

Thanx again
 

JETX

Senior Member
"Wouldn't my problem fall under this act?"
*** Probably not. The problem you have is that YOU have an obligation to understand the full terms of the agreement that you are comitting to.

Further, your post says that this was not an 'failure to disclose such information' as much as it was an apparent miscommunication or misunderstanding as to the terms ("The Sales Rep stated several benefits and a price quote that is not exactly what the paper agreement states").

So, exactly what was their response when you brought your concerns to them in WRITING???
 

haegrrl

Junior Member
Thanx JETX. I am in the process now of writing my concerns to them. In the meantime I plan to dispute the charge on my credit card. Because they also plan to automatically charge an additional $200.00 on my credit card (which the Sales Rep didn't disclose - which was not part of the original cost).

I'm not under any obligation to pay right away since I am questioning their selling methods am I?
 

JETX

Senior Member
"I'm not under any obligation to pay right away since I am questioning their selling methods am I?"
*** I assume your asking as to your obligation to pay the credit card bill, correct??
If so, then your dispute (as provided by the FCBA - Fair Credit Billing Act) is on hold pending resolution of the dispute.

I suggest you read your FCBA rights at:
http://www.ftc.gov/bcp/conline/pubs/credit/fcb.htm
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
Top