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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 112762
Experience:  Attorney experienced in commercial litigation.
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Wife was offered a free 30 day trial of a hearing aid.

Customer Question

Wife was offered a free 30 day trial of a hearing aid. Within a few days, after some research, she decided to decline the offer and called the office. She was told no problem, the order for the aids would be cancelled and all associated paperwork would be cancelled. Within a few weeks she started to receive phone calls from a bank demanding payment for the loan on her hearing aids. The audiologist office assured her that they had notified the bank several times. She processed a challenge to the bank explaining that she had received no hearing aids but continues to receive payment demand calls.
Should she go to small claims against the bank or the audiologist office?
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
She would have to file for breach of contract against the audiologist office, not the bank. The bank merely processes what was submitted and are not part of the contract between your wife and audiologist. If she had a free trial and could cancel at any time in 30 days and she did so, the audiologist is in breach of contract if they did not properly cancel and you need to send a letter to the audiologist giving them 14 days to fix the matter and tell them failure to do so will result in legal action for breach of contract AND unfair and deceptive practices and you would also file a complaint to the AL Attorney General Consumer Protection Unit and seek up to triple damages for their unfair and deceptive practices as part of your suit as well.