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Ely
Ely, Counselor at Law
Category: Consumer Protection Law
Satisfied Customers: 89094
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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My wife was contacted by some folks with Whos Who Publishers

Resolved Question:

My wife was contacted by some folks with Who's Who Publishers from New York. She is retired (71 years old) and agreed to be listed for free and and did not agree to the $ 789. fee for being published. She became aware of the charge when American Express sent her her monthly statement and there was a charge for $ 789. She thought the charge would be for send her a copy of the publication for shipping charges. She appealed the charge through AMEXCO and they would not refund her the charge. What can she do? I found many who claim that Who's Who is a SCAM on the Complaint Board and other complaint sites.
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  Ely replied 1 year ago.
Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

I am very sorry for your wife's situation. This is a known scan called the Who's Who Scam - see here.

Essentially, what happened here is that likely the seller promised to list her for "free" but upon receiving the credit card information, still charged her.

At this point, if she has never agreed to the charges, she has two options:

1) File a complaint with the Attorney General of New York - here - and let them investigate. The Attorney General's office may take steps on her behalf if it feels that the company is involved in fraud;

and/or

2) File her own lawsuit - small claims court (here) to get the money back. To sue in a state court, one needs to have a "cause of action." There are numerous causes of action, such as "breach of contract," "negligence," "fraud," "unjust enrichment," etc., as well as causes of action rooted in statutory law. Every state has their own although they are very similar to each other in every state. This may be fraud. The action for fraud has five elements: (1) a false representation or omission of a material fact; (2) knowledge of doing so; (3) intention to induce the party claiming fraud to act or refrain from acting; (4) justifiable reliance; and (5) damages. Klusack v. Ward, 234 Ga.App. 178, 179(1), 507 S.E.2d 1 (1998).

Often, a letter threatening to do both/either will have the business recant and refund to avoid the limelight. Let me know if you need a sample letter to such an effect.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE my answer when we are finished. Kindly rate my answer as one of the top three faces and then submit, as this is how I get credit for my time with you. Rating my answer the bottom two faces does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith. (You may always ask follow ups at no charge after rating.)
Customer: replied 1 year ago.
Thanks for great feedback. I would like a copy of the sample letter you offered. I have not yet gone to any of the links but will do that next. Thanks for a considered opinion! Leon
Expert:  Ely replied 1 year ago.
You are very welcome. Leon. Sample letter below:

To Whom It May Concern:

Please note that per the discussion with your agent dated ____, I had never given permission either in writing or verbally to list my name in your publication, entitled _____. The charge of $____ on my Amex report is unwarranted, and demand is hereby made to refund said money. If this is not done within ___ days of your receipt of this certified letter, I may have no choice but to:

1) File a complaint with the Attorney General of New York; and/or

2) Pursue an action for fraud in civil court. The action for fraud has five elements: (1) a false representation or omission of a material fact; (2) knowledge of doing so; (3) intention to induce the party claiming fraud to act or refrain from acting; (4) justifiable reliance; and (5) damages. Klusack v. Ward, 234 Ga.App. 178, 179(1), 507 S.E.2d 1 (1998). Attorney/legal fees shall also be requested as part of Judgment, as well as punitive damages under O.C.G.A. § 51-12-2.

Thank you in advance for your immediate attention to this matter.

Sincerely,

Signature

Name


Gentle Reminder: Please use the REPLY button to keep chatting, or RATE and submit your rating when we are finished.
Ely, Counselor at Law
Satisfied Customers: 89094
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
Ely and 8 other Consumer Protection Law Specialists are ready to help you
Customer: replied 1 year ago.
Thanks So Much!
Expert:  Ely replied 1 year ago.
You are welcome.

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Private practice with focus on family, criminal, PI, consumer protection, and business consultation.