A legal question regarding a phone solicitor and an accidental voice recorded contract-what are my rights?

Question

Last month a phone solicitor called me at work and was telling me about what seemed like a pretty good deal at the time. Basiclly the deal was that I can get 10 different subscriptions to 10 different magizines of my choice in payments of twenty dollars a month for two years. After 2 years I would not have to make anymore payments but the magazines would still keep coming for an additional year after that. Being busy at work without the time to really think about the commitment I was making ($480 dollars over 48 months) I ended up giving a verbal voice recorded agreement that I would pay and not cancel for any reason. One week later, before I actually started receiving any magazines I called the place and told them I wanted to back out of the deal. Not only did they tell me I couldn't cancel, they are threating to send me over to a collection agency. I'm wanting to know if I have any rights in this matter at all. Is there any legal way to get out of a verbal agreement?

Answer 1

If a phone contract is allowable in your state, and the recording is done appropriately authorizing the deal, then you will most likely hold full legal liability for the deal. Unless the deal was misrepresented, and that would be on the recorded call, it is allowable if it's within your state law for a phone solicitor to attempt this type of business under a verbal contract.
If the contract is binding in your state, then they can legally send you to collection for non-payment against a closed-end monthly contract.
So I say since you are probably stuck unless your state does not allow that type of telephone transaction, enjoy your magazines and know you are saving a ton of money over buying them at the counter.
If this incident ends up being the largest wrinkle in the lifetime of of your consumer buying fabric, then you would have done well, oh optimystical one.

Answer 2

A verbal agreement is generally binding, unless it falls within one of several types of contracts that must be in writing. This is called the doctrine of the Statute of Frauds, and while the specific list of things that must be in writing varies by state, there are some common ones.

For example, in most states, any contract that cannot be completed in one year must be in writing to be enforceable. From the facts above, it sounds like the contract term was two years, which would logically mean it could not be complete in one year. If your jurisdiction followed that particular rule, that might apply as a defense if they sued you.

Collection agencies don't always follow the rules for contract law, and sometimes just take the word of the company that wants your money. There's also the question of whether they can get a collection agency for a service they have not yet rendered. If you refuse to accept any of the magazines (send them back), or if they don't send them to you, then that could count in your favor.

As with all things, only a licensed attorney can give you accurate legal advice as it pertains to your state/jurisdiction and your particular situations. Many state bar associations have referral services where you can ask a few initial questions of an attorney to determine if you have a case. Asking the attorney about the Statute of Frauds in your state, the one-year vs. two-year time limits, and whether you can refuse the magazines to avoid the obligation should give you enough legal advice for you to make the decision.

Answer 3

I really don't know the legal rights, but if I were you, I would find out the legal name of this business and then try to find out if this company is legitimate. Try contacting the better business bureau or go on line and look up the name of the company. I recently went on line to look up a credit card company that my son basically got suckered in to and found other people's testimonies about the fraud of this company. He was convinced to give his checking account number to them. They hit him with $300 monthly minimum charges and he never even received the card to use. I had my son close his checking account, then my I wrote a letter to the company stating that I wanted this account closed with no further charges with an explanation of how I believe they misled him. I also wrote in the letter that I would be copying the letter and sending it to the attorney general of the state we live in and the state the credit card company is located. They wrote back that they closed his account with no further charges. So, sometime when you take stern action, it would be easier for them to close your account then bother to forward your bill to collection and then take you to small claims court. Remember if it ever came to that and you had to go to court, make sure you show up at court because if you don't show, they win by default.
Hope this helped.
Good Luck

Answer 4

You have no legal obligation to the seller, they are running a scam and if they did report it to a credit reporting agency it could be removed with a phone call.

Answer 5

specific i think of the nerve of them calling is adequate yet to be positioned on carry is ridiculous . I purely further privateness supervisor to my telephone provider so if no person identifies there self they are no longer getting by and purely obtain a recording .

Answer 6

They can send it to collections,

collecting is another matter as is the effect it will have on your credit,

You can try to use the arguement that they were not dealling in good faith, read the Uniform commerical code and contract law.

Answer 7

Your rights under these circumstances are defined by your state's law. Contact your local consumer protection agency.

Answer 8

verbal agreement is binding