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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Business Law
Satisfied Customers: 41221
Experience:  Run my own successful business/contract law practice.
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I was approached over the phone to subscribe to a magazine

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I was approached over the phone to subscribe to a magazine subscription. The salesperson read different terms of the contract to me over the phone and I agreed to them. After a couple of months into the contract I wished to get out of the subscription but was told I couldn't and I would have to pay some $900 to get out of the subscription that lasted more then 1 year. Is this a violation of Statute of Frauds on account of the length of the contract and amount?
Submitted: 8 years ago.
Category: Business Law
Expert:  Dimitry K., Esq. replied 8 years ago.
Did you get anything in writing from them after speaking with them on the phone? Any confirmation?
Customer: replied 8 years ago.
I didn't receive anything in writing, they just started sending the magazines.
Expert:  Dimitry K., Esq. replied 8 years ago.
Then you are absolutely correct.

You are responsible for payment for the magazines you have already received (on the theory of quasi-contract and avoidance of unjust enrichment on your part), but since there is no contract for the sale of goods, and the value of the goods is more then $500.00, the contract is invalid.

Next time you speak to them, cancel all your obligations and then send them a certified letter to that effect. Ask for an accounting for the magazines you have received, send them a check for that amount, put "paid in full" on the check, and your obligations are over. And of course, keep copies of everything.

Good luck!


Dimitry Alexander Kaplun, Esq.

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