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socrateaser
socrateaser, Lawyer
Category: Consumer Protection Law
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Experience:  Retired (mostly)
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I paid and signed a no cancellation contract on 7/28/2013 with

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I paid and signed a no cancellation contract on 7/28/2013 with "great expectation". I was cheated by an aggressive sales person. I want to dispute the credit card. Is there any problem with this?
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  socrateaser replied 1 year ago.
Hello,

Your question states that you signed the agreement on 7/28/2013. Since this date has not yet occurred, can you please confirm the date of the agreement for me?

Thanks in advance.
Customer: replied 1 year ago.

sorry, it is 7/18/2013, which is yesterday.

Expert:  socrateaser replied 1 year ago.
Thanks -- just wanted to make sure.

Many states have three-day cancellation laws for dating service contracts. Washington State has such laws for health clubs and business opportunities, among other things, but not for dating services.

However, RCW 19.150.020 provides a number of circumstances under which a sale, if completed by telephone, can be canceled by certified mail, return receipt requested, if mailed within three business days of the date that the telephone sale was made.

If this sale was completed over the phone, then I would encourage you to review the link provided above and see if you can make your facts fit within the provisions of the law.

If that doesn't work, and the sale was completed by you in person, then you would have to rely on the federal Truth in Lending Act, which provides that where a credit card sale is made within your home state, you are entitled to assert any claim against the credit card issuer (bank) that you may have against the merchant.

Under this provision, you would send the merchant a "notice of rescission," stating that after reading the contract, you find that it does not represent the terms and conditions that were represented to you by the marketing literature or oral promises of the salesperson, and demand that the merchant process a full refund. If you do not receive a positive answer within a reasonable time (in my opinion 5 days is more than sufficient), then you would write a dispute letter to your credit card issuer, and make the same assertions concerning your purchase.

Because of the manner in which credit card disputes are resolved, you must be very careful to document your facts as to the false representations which were made. If you have marketing literature or other documents which clearly differ from the written contract, then that would be excellent proof of your claim. You will only get one chance to convince the credit card issuer that you were deceived into signing the contract, and your ability to show the deception is critical.

Assuming that you do, then the credit card issuer will cancel the transaction, and that will end the matter.

Note that you cannot dispute the charge unless you do so within 60 days of the date that the charge appears on your credit card statement (the statement date).

Hope this helps.
Customer: replied 1 year ago.

I did that in their office. So what I can do now is to mail them a "notice of rescission". (Can I do that through email?)


If I don't get an proper answer, then I write a dispute letter to the credit card issuer.


Does this sound right?

Expert:  socrateaser replied 1 year ago.
Yes, that's correct. Except that if you use email, you may want to follow it with a regular mail notice, via certified mail return receipt requested, so that you have proof of receipt. Email can be very difficult to authenticate in court, whereas a signature on a return receipt demonstrates that the merchant received your letter.

Ultimately, if the credit card issuer were to deny your dispute (it's actually not the issuer that makes the denial -- it's VISA/MasterCard/Discover/AmEX that reviews the complaint and the merchant's response, which must also be sent in writing to the merchant's bank), then you would have to sue the merchant in small claims court, at which point, the ability to authenticate your evidence becomes as important as what the evidence actually shows.

Hope this helps.
socrateaser, Lawyer
Satisfied Customers: 33553
Experience: Retired (mostly)
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