Hi! LegalGems here. I'll do my best to assist you.I can only provide general information, so a follow up consult with a private lawyer is recommended. Did the contract state terms of cancellation? In these terms, it generally states how to go about canceling.
It says that we agree to pay the price for the membership and acknowledge that this membership is not cancelable and the mebership fees are not refundable except as may otherwise be provided by applicable law. There is nothing baout how to cancel. Is there a 3 day "cooling off" period that would be applicable?
This is for a fitness contract?
No. It's for a Direct Buy membership and it's a home furnishing/supplies buying membership. We felt extremely pressured and were not given access to current prices until after we signed.
Ok; one moment please.
Home furnishing memberships are not included in the type of contracts that by state law allow a 3 day right of rescission (cooling off period). http://www.atg.wa.gov/ConsumerIssues/CancellationRights.aspx#.Uopj9SdHImE However,
if they did not provide you current prices, the contract can be voided, as generally a contract, to be binding, needs to contain enough information so that there is a "meeting of the minds" and so that it can be enforced in case of breach. Failing to include price is a substantive term, and not providing this would make the contract difficult to enforce.
Also failing to include the price could be considered "fraud in the inducement" and/or misrepresentation.
They provided pricing for the membership but not for the goods.
Oh, I see. Then that would really depend on a judge's personal judgment. They may consider it an unfair and deceptive business practice - misleading the consumer by allowing the consumer to believe the prices were more reasonable.
OK. So for specifics. What should I do right now? Is there a particular way I should phrase my letter which I will send certified today?
Just a moment- I'm trying to see if I can find anything specific to this type of contract.
OK, the legislature has not provided for this particular circumstance unfortunately, but you can go on a common law theory of misrepresentation. The elements required are: false statement of fact, the deliberate withholding of relevant information, or an action that conceals a fact. You can address this in the letter, stating that you consider the contract void based on misrepresentation, and it should be sent certified.
There is also a Unconscionability defense, but that is so discretionary it is difficult to predict. However, you can throw that term in the letter to, just to give it more umph.
Here is a generic letter -you can use it as a template: http://www.consumer.ftc.gov/articles/0296-sample-consumer-complaint-letter
wonderful. thanks again.
I can't access it.
Let me relink you.
OK that one works. If it is not working for you it may be JA's site. So you can type that address into the URL versus using the link.
What do you think of this?My husband and I signed up on Saturday November 16th. We felt very pressured to sign before we were given the chance to review the membership guide.
Since then, we have reviewed pricing online and discovered that with the high price of shipping to your location, the even higher price of shipping it to our home(not available for man items that I checked), and then the additional price of hiring someone else to get the products, Direct Buy's pricing is the same or higher than other merchants. It is a misrepresentation to tell us that we will be saving significant amounts of money and then add it back in with the shipping. Additionally, we were never told about the "manufacturer's service charge " listed on page 19 of the guide.
With all of the above, we now consider the contract to be void based on misrepresentation for false statement of fact and deliberate withholding of relevant information.
Unfortunately, we just don't see how we could ever use your service to actually save money on the goods we need.
Additionally, It it is incredibly misleading to tell us we will receive a "free" vacation that is not usable. Grand Navigator requests $200 to even begin the process and then they will not even tell us a date until 30 days prior or where we would be staying. They have so many complaints against them with consumer reports that there is no way wewould ever be able to use any of their products.
Please refund us our full amount of $5990.00 on our credit card. You may use the same one that we gave you.
got the link.
Since you used the credit card to pay, you can also dispute it directly w/ the C/C company. That is well written-if you just did it in these few moments, you should consider going to law school!
Ha, ha. I already contacted the cc co. and started a dispute. We were stupid and didn't see all the complaints against this company until we got home. If I'm smart enough to be a lawyer, I wouldn't have got myself in this mess in the first place.
OK sounds like you have all bases covered. And us lawyers do these things too as we often don't follow our own advice!
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