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MDLaw
MDLaw, Attorney
Category: Business Law
Satisfied Customers: 5843
Experience:  Experience in business law, contract law and related matters.
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We live in xx and signed a contract with a Utah company yesterday,

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We live in xx and signed a contract with a xx company yesterday, April 2 to purchase 12 months of internet business coaching. Do we have a state or federal legal right to cancel the contract and if so in how many days?

Submitted: 1 year ago.
Category: Business Law
Expert:  MDLaw replied 1 year ago.
Hello and welcome to the Pearl website. I look forward to assisting you today.
How did you end up initiating contact with this company, exactly? That information is important to the answer.
Customer: replied 1 year ago.

Initially we went to xxx's website, who sells internet marketing programs and filled out a form for information on their internet coaching program. A company named xxx, located in xx responded and we entered into what we thought was a 12 month coaching program that turned out to be on two and one half months. They told us we had a seven day right to cancel that contract and and we did. They then offered us different contract, which we accepted believing we still had a seven day period to cancel without justification, which we have now done. They claim that we do not have a seven day cancellation period. Do we?

Expert:  MDLaw replied 1 year ago.
Thank you for the additional information. Just to clarify, you sought them out through their website, correct? Now, with respect to the second contract, did you receive a copy of it or were you given a chance to review it before signing/accepting? Were you ever affirmatively told that you had a 7 day right to rescind with the second contract?
Customer: replied 1 year ago.

Technically we did not seek them out on their website but through the website of xxx who seems to have some kind of joint venture (?) with them but they are an independent company. We did receive a copy of it before signing and we were not told that we had a right to rescind the second contract. We paid them with a visa card, does this make a difference and does visa give us any rights to cancel?

Expert:  MDLaw replied 1 year ago.

Unfortunately, since this was not a door to door or telephone solicitation, there is no right to rescission under xx law. Had they solicited you via the telephone, you would have a 3 day right to rescission under xx law. In your case, the contract would control whether or not you have a right to cancel. In other words, if the contract states that you have XX period of time to cancel, then you would have that legal right. If it does not state you have the right to cancel, then you would not have that legal right. The reason that I asked if you received a copy before signing and whether or not they told you that you had a right to rescind was to see if you had a possible fraud or misrepresentation claim. However, since you state that you were given a copy of the contract before signing, the law puts the onus on you to have read that there was no right to cancel, unfortunately. I wish I had a different answer to you but I can only tell you what the laws are in the current status quo and unfortunately, I cannot change the laws. Please let me know if you need any additional information. If you do, please hit the REPLY or CONTINUE button. If, however, I have answered your question, please leave me a positive rating since that is the only way that we experts receive credit for having assisted you today since we do not get compensated by the Pearl website. Thank you in advance!

Customer: replied 1 year ago.

The xxx company which sold us the coaching program did contact us by phone. We did not contact them. Is the answer the same? Do you have any info on our right with Visa to get our money back? Thanks for the help and yes we will give you a positive rating.

Expert:  MDLaw replied 1 year ago.
From what you stated, they contacted you on the phone in response to a form you filled out, correct? Let me know if I misread or misunderstood what you wrote. I read what you wrote to mean that you filled out a form and THEN they contacted you by phone. In other words, they did not solicit you by phone.
With respect to your credit card, that would be between you and your credit card and you would need to review the terms of your agreement with them. Different banks and different cards have different terms depending on any number of factors. Usually, a credit card will only return your money if there was illegal activity though, i.e. if someone stole your card or if you ordered something and didn't get it or were defrauded, etc.
MDLaw, Attorney
Category: Business Law
Satisfied Customers: 5843
Experience: Experience in business law, contract law and related matters.
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