How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Zachary Your Own Question

Zachary
Zachary, Attorney
Category: Legal
Satisfied Customers: 3927
Experience:  Lead trial/International commercial attorney licensed 11 yrs
17219180
Type Your Legal Question Here...
Zachary is online now
A new question is answered every 9 seconds

Recently I purchased a "Pimsleur" language program on line.

Resolved Question:

Recently I purchased a "Pimsleur" language program on line. Unfortunately I did not read the 'fine print' well and received an extensive program beyond what I had ordered and paid for. I did not order the extensive program so just put it aside thinking they would send a letter explaining. After 1 month if I did not want the program I was supposed to return it however since I had not ordered it in the first place I did not read the enclosed information. 3 months later I received a bill for $265 for the program. I immediately called them, said I did not want it nor had I ordered it and I would send it back. They said it did not matter if I sent it back, I was still responsible for the $265. I returned it anyway by 'signature to receive' and a letter explaining my dismay and question as to why they had not contacted me sooner. I also stated that I cannot afford to purchase the extensive program. I have just received a letter stating that they will turn me into collections. I assume hiring a lawyer to fight this may cost more than the amount in question but am at a loss as to what to do. We are on a fixed income and even small payments to them will not be possible. Their advertising is very deceiving as the ads talk about free etc. and the "for 30 days" part is way down in the material. I know I should have mailed the package back at once but just laid it aside. Part of the 3 month period I was in the hospital twice and quite frankly forgot about Pimsleur! Is there any recourse here to keep them from putting me into collection short of trying to pay them? ( do not have the program anymore - realized even with the small one I did order that I am too old to learn a new language!)
Submitted: 1 year ago.
Category: Legal
Expert:  Zachary replied 1 year ago.
Hi,

Thank you for your question.

Can you explain in greater detail why they sent you the extended package in the first place if you did not order it?
Customer: replied 1 year ago.

First they sent me the small program I ordered and then about a week or more later, sent the advanced program. Since I had not ordered that I just thought they had made a mistake and would send a letter asking for it back. If I had opened it I would have realized that to stop them from billing me for it, I had to send it back. I did not read that part until I received their bill for the entire amount. Clearly I did not follow up on this properly however their methods were deceiving - I think. Not allowing me the option to return it even though it was clearly unopened makes me feel this was unfair. I explained by phone why I had not followed up sooner and also by letter when I did return the product. In the fine print it appears I am liable if they intend to force payment.

Expert:  Zachary replied 1 year ago.
Thanks for your response.

Just so I'm clear, you are saying that when you originally ordered the first product, it automatically signed you up for the second product (which would be charged to you unless you returned it)?

Was this disclosed to you in the fine print of the original order at all?
Customer: replied 1 year ago.

You are clear on what happened. Actually I am not sure if it was in the fine print of the first order as I did not keep the paper work from that. I have an email from them that they sent after my phone conversation with them, with the terms. I will look at that now to see if that might have been included with the first order.

Expert:  Zachary replied 1 year ago.
OK,

Do you have a scanner? If so, I'd like to take a look at this too just to confirm whether or not you have a claim to make.

If you do, you can either attach to your response (if that is allowed by the interface) or you can send it toXXX@XXXXXX.XXX attn: ZDNLaw re: http://www.justanswer.com/law/7tlf0-recently-purchased-pimsleur-language-program-line.html
Customer: replied 1 year ago.

Dear KATHIE,

For your review, below is a copy of the Terms and Conditions that were agreed to during your original order. Please feel free to contact us with any further questions or concerns. Our toll free number is XXXXX

Thank you and have a great day!

Sincerely,
Stephanie
Customer Care Advocate


† Important Information: About the Pimsleur Rapid Fluency Program:

Your purchase of the Quick & Simple language course today also includes entry into the Pimsleur Rapid Fluency Program.

The Pimsleur Rapid Fluency Program is an incredibly easy way to try Pimsleur Approach's advanced Gold course series RISK FREE and with zero obligation to buy!

Our elite-level Gold course series - the same course purchased by the FBI - is hands down the best language learning course money can buy, helping you to learn a language faster than you ever thought possible.

While in the Pimsleur Rapid Fluency Program, you can expect the following:

A Risk Free Trial of Advanced Level 1:

About 30 days after you receive your Quick & Simple, we'll begin to ship you advanced level language courses starting with our Gold level 1, in the same language of the Quick & Simple you purchased.

The advanced level Pimsleur language course is yours to try completely risk free for 30 days. Each advanced level Pimsleur course contains 30 lessons on 16 audio CDs.

Payment Information:

If you decide to keep the course, simply do nothing and we'll bill the same credit card provided today 4 easy monthly payments of $64.

If you decide you do not want the course or any future courses, simply call 1-XXX-XXX-XXXX to return it within the 30-day free trial period and pay nothing except for the return shipping cost.

Future Risk Free Trials of Advanced Level Courses and Payment Information:

As long as you wish to remain in the program, every 60 days thereafter you'll receive the next level Pimsleur Gold course in your selected language on the same 30-day risk free trial basis as level 1.

The total number of Pimsleur Gold courses that will be sent to you in the program depends on the language you select. All languages have a total of 3 levels of Pimsleur Gold courses that will be sent, except for the following:

Spanish has 4 levels
Modern Greek and Korean have 2 levels
Arabic, Chinese (Cantonese), Polish and Vietnamese each have only 1 level

Pay only four monthly payments of $64 for each course you keep past your 30-day risk free trial.

Cancellation Information:

You may cancel future shipments any time by calling 1-XXX-XXX-XXXX. You pay only for the Pimsleur language courses you decide to keep.

Remember, there's never an immediate obligation to buy any course because of the 30-day risk free trial period provided with each shipment. And you may cancel future shipments at any time by calling 1-XXX-XXX-XXXX.

Expert:  Zachary replied 1 year ago.
I think these types of contracts should be illegal, but unfortunately they are not.

If this was included in the original terms and conditions when you ordered the first pack, you are bound by it and are going to owe the money that they are demanding.

If that is the case, your best solution is to contact them and tell them your situation and ask them for a payment plan which would allow you to make payments in an amount you can afford.
Customer: replied 1 year ago.

Thank you, XXXXX XXXXX hoping there would be a way around this as it is creepy and unfair. So at this point I also do not have the advanced program either since I sent it back. Really frustrated as I have also added another $44 to the bill. Kathie Miller

Expert:  Zachary replied 1 year ago.
Well, since you owe for the program, you can call them and tell them to send it back to you.

Sorry I couldn't give you better news. Those type of contracts are really terrible for a consumer, but unfortunately are enforceable.

Please let me know if you have any further questions. Please also kindly consider rating my answer positively so that I am compensated by the website for my work on your question. Rating positively does not cause an additional charge and does not prevent us from further discussing your questions.

Best Regards,
ZDN
Zachary, Attorney
Category: Legal
Satisfied Customers: 3927
Experience: Lead trial/International commercial attorney licensed 11 yrs
Zachary and 3 other Legal Specialists are ready to help you
Customer: replied 1 year ago.

Just fyi and again thank you, XXXXX XXXXX call just now and went over the history again and they have released me from the payment burden. Kathie Miller

Expert:  Zachary replied 1 year ago.
Mrs. Miller! That's great news! I'm very happy that they did this for you and am glad to see that this company has a conscience!

-ZDN
Zachary, Attorney
Category: Legal
Satisfied Customers: 3927
Experience: Lead trial/International commercial attorney licensed 11 yrs
Zachary and 3 other Legal Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
 
 
 

Meet The Experts:

 
 
 
  • Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    19941
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Attorney

    Satisfied Customers:

    8189
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/jespoag/2008-12-17_222355_jessepic.jpg JPEsq's Avatar

    JPEsq

    Attorney

    Satisfied Customers:

    2132
    Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor
  • http://ww2.justanswer.com/uploads/gsenmartin/2008-04-22_214950_me1.jpg Guillermo J. Senmartin, Esq.'s Avatar

    Guillermo J. Senmartin, Esq.

    Attorney

    Satisfied Customers:

    110
    7+ years of experience handling various legal matters.
  • http://ww2.justanswer.com/uploads/PA/PaulmoJD/2013-10-10_195858_JAImage.64x64.jpg Law Educator, Esq.'s Avatar

    Law Educator, Esq.

    Attorney

    Satisfied Customers:

    31621
    JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    15975
    Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
 
 
 

Related Legal Questions