Can a company send me to collections if I refuse to pay for magazines that I did not want?

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Can a company send me to collections if I refuse to pay for magazines that I did not want?

I had received a call a month ago saying I won a free gift card and gas card if I pay $1 shipping. I agreed and then they asked if I want to be subscribed to magazines for $24.90 and I said no. Now they are trying to get the money from me and I am refusing to pay because I did not agree to pay it in the first place. Are they going to send me to collections? They only know my name and my billing address. They do not know my current credit/debit card numbers.

Asked on August 1, 2011 Ohio

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

This sounds like some type of scam.  In order for there to be a valid contract, there has to be a valid offer and acceptance.  Since you rejected the magazine offer, you do not have any contract or obligation to pay for the magazines.  If the company takes any legal action against you, you should sue for fraud.  You could file your lawsuit in Small Claims Court.

You also might want to contact the Ohio Attorney General's office consumer fraud division.


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