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TexLaw, Attorney
Category: Legal
Satisfied Customers: 4430
Experience:  Lead trial/International commercial attorney licensed 11 yrs
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Recently I purchased a "Pimsleur" language program on line.

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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!)

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 4 years 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.

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 4 years 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.


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 [email protected] attn: ZDNLaw re:
Customer: replied 4 years ago.


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!

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.

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 4 years 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

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,
TexLaw and 5 other Legal Specialists are ready to help you
Customer: replied 4 years 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

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!

TexLaw and 5 other Legal Specialists are ready to help you