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I signed an online contract yesterday with Yodle.com. Under

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I signed an online contract yesterday with Yodle.com.   Under MA law can I cancel this contract within 3 days?
Submitted: 5 years ago.
Category: Business Law
Expert:  mdmlaw replied 5 years ago.

HiCustomer

 

What is Yodle? And what was the contract about? What method was used to obtain your signature?

 

Thanks.

 

Mary

Customer: replied 5 years ago.
Yodle.com is an online advertising company for small businesses.
They e-mailed me the contract and I basically click on the box that states I accept the contract and then just type in my name. There actually isn't a signature.
The only problem I have is that they set up a $1,000.00 /month advertising budget with me and I really feel that is too much at this point for me. I would like to do $500.00.
I actually requested $300/month but they said $1,000.00 was the minimum. Come to find out tha is not true
Expert:  mdmlaw replied 5 years ago.

Did you request the #$300 in writing? Is their response, that the lowest budget is $1000, in writing?

 

Mary

Customer: replied 5 years ago.
We have talked over the phone and by email. I did email them a couple times that I wanted a $200/month advertising budget.
He told me over the phone that $1,000.00 was the minimum amount I should allow for an advertising budget...so not in writing.
This is for a 3 month period that I lock into and then at the end of those 3 months I can cancel or continue on a monthly basis.
Expert:  mdmlaw replied 5 years ago.

Hi:

 

It sounds like you were the victim of a hard sell, given that you want to cancel the contract the very next day.

 

The three day right of recission applies to Retail Installment Sales Contracts, which involve payment over the course of more than three months and finance charges. I don't see it here.

 

However, the Mass. Attorney General has regulations which I believe will apply. I have copies and pasted the applicable one below for you to site in any correspondence.

 

If you want to cancel the agreement, send them a letter telling them that you believe you were the victim of Unfair and Deceptive Practices in that the company misrepresented the terms of product they were selling so that you were coerced into signing an agreement for more money that you intended; based upon their misrepresentation. Cite the regulation below, and indicate by a cc. at the bottom that you are sending a copy of your letter to the Attorney Generals Office. And, depending upon how strongly your feel about this situation, consider sending a copy of the letter to the Attorney General's Consumer Protection Office. They are very helpful- consider calling them for advice as well.

 

Your claim sounds fairly strong, the only downfall would be if the situation is interpreted as your having changed you mind; not having been tricked.

 

In any case, most reputable companies will rescind a contract in these circumstances. They don't want to have to chase the money; they don't want to have the attorney general involved; and they want a good reputation. .

 

 

Hope this information helps.

 

Mary

 

 

ATTORNEY GENERAL'S REGUALTION (CMR-CODE OF MASS. REGULATIONS)

940 CMR 3.16: General

Without limiting the scope of any other rule, regulation or
statute, an act or practice is a violation of M.G.L.c.
93A, § 2 if:
Page 24

7/1/93

(1) It is oppressive or otherwise unconscionable in any
respect; or

(2) Any person or other legal entity subject to this act
fails to disclose to a buyer or prospective buyer any fact, the
disclosure of which may have influenced the buyer or prospective
buyer not to enter into the transaction; or

(3) It fails to comply with existing statutes, rules,
regulations or laws, meant for the protection of the public's
health, safety, or welfare promulgated by the Commonwealth or any
political subdivision thereof intended to provide the consumers
of this Commonwealth protection; or

(4) It violates the Federal Trade Commission Act, the
Federal Consumer Credit Protection Act or other Federal consumer
protection statutes within the purview of M.G.L.c. 93A, § 2.

Expert:  mdmlaw replied 5 years ago.

By the way...send the letter by e-mail, fax, and overnight mail. Send it tomorrow morning, if possible.

 

Mary

mdmlaw, Attorney
Category: Business Law
Satisfied Customers: 101
Experience: 25 in general practice representing companies, suppliers, employees
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