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Jane T (LLC)
Jane T (LLC), Lawyer
Category: Consumer Protection Law
Satisfied Customers: 8435
Experience:  Work and studies in privacy, lending, credit, and general consumer issues
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I signed a membership contract with a comapny called Team National

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I signed a membership contract with a comapny called Team National for 2200.00 in Oct 08. The next morning I disputed the charge and called the company to inform them I do not want the membership. The sent hte package and to my surprise, I had a 3 day right of recession!! Had the rep given me a copy of what I signed, I would not be fighting this 3 months later. Question, can funds transpire within that 3 "right of recession" day period, b/c he put the charge on my card the next morning? Question, what laws are broken when copies of what someone signed are not delivered. Question, how do you fight a failure to disclose? Thank you, XXXXX XXXXX
Submitted: 5 years ago.
Category: Consumer Protection Law
Expert:  Jane T (LLC) replied 5 years ago.

Dear houselaydms,

 

What state are you in?

 

Did you buy this from your home?

 

What was the membership for?

 

What company did you call to say you did not want the membership?

 

 

Customer: replied 5 years ago.

Mississippi

Yes

For savings at stores, resturants furniture. Company is called Team National.

I left a message with rep and customer service. No response

Disputed it with Discover the next am after calling. Discover stated they would take care of it. They kept it off my card for 2 months. I thought it was over. Until the past week

Customer: replied 5 years ago.

The company was experiencing "high call volume" and I left a message that was never returned. The rep was at Convention and never returned my call.

I do know in real estate that funds can not transpire during the 3 day right of recession.

I do know that a copy was suppose to be given to us upon signing. I can prove with my discover card that this was disputed the next day, although I didn't even know the 3 day right of recession form was on the back of what I signed until the package came for me to sell to others. Then I saw what I was suppose to send in to the company to enforce my 3 day right! However, with no copy of whit I signed, how could I know? I tried it anyway, without knowing!

Expert:  Jane T (LLC) replied 5 years ago.

Dear houselaydms,

 

Purchases made at home normally do allow consumers an automatic right to cancel the purchase within three days (see here from the Mississippi Attorney General's website). To cancel such purchases consumers must contact the seller (not their credit card companies) within those three days. To assure that right to cancel is properly exercises normally requries consumers to follow the instruction on their purchase contracts, where the right should be explained (and which usually requires a consumer to write a letter to a specific address). However, sellers of door-to-door services or goods normally do need to provide buyers a copy of or information about their right to cancel and, if they do not, they may be violating state laws.

 

You can contact your state's Attorney General (here, at the bottom of the page are phone numbers) to discuss this fact to see if the failure to provide you with a copy of your rights, under your state's laws, means the seller failed to obey the law and provides you a way out of your purchase, as may the fact that you did contact them to cancel (although the rules are cancellation must be done in a specific form, a company may be unable to enforce those rules if they failed to communicate them properly). You may need to file a complaint with the Attorney General's office. You may also need to contact your credit card company again to inform them about this matter and see if you can further dispute or appeal the charge. Again, to properly dispute charges consumers must follow the instructions of the credit card companies specifically.

 

 

Customer: replied 5 years ago.
Ok, he broke the state law. He did not give us copies that would inform us and tell us how proceed with 3 day right of recession. Now what? Do we need to hire an attorney? Do we file charges locally. How do we proceed when someone has broken this state law. Thanks
Expert:  Jane T (LLC) replied 5 years ago.

DearCustomer

 

As my first answer indicted, these laws are enforced by state's Attorney General's. As I also indicted, consumers can contact their state's Attorney General, who normally have a consumer complaint office (such as the one I provided you an electronic link to (here it is again) so that consumers who have been improperly treated by businesses who have failed to properly follow state laws can obtain assistance, free of charge. This is a good place to start as, unlike a BBB it has the legal authority to prosecute for crimes and businesses normally do respond to this state agency (whereas a BBB office is not a government agency).

 

If such contact with the Attorney General's office does not succeed, or fails to assist, in obtaining an agreement from the business to cancel any agreements and refund money a consumer may also proceed to file a court case to have the court declare a contract unenforceable, obtan a refund, and also help prevent future harm to a consumer's credit report. Such a case may be filed by a consumer on their own through the courts (many courts today have "self help" centers that help consumers understand how to file cases and what is involved) or by an attorney a consumer hires.

Jane T (LLC), Lawyer
Satisfied Customers: 8435
Experience: Work and studies in privacy, lending, credit, and general consumer issues
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