How do I get out of a verbal contract for magazines?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
How do I get out of a verbal contract for magazines?
A company called and said I won a $1,000 prize to spend on-line. While telling me about said prize, I was told that I could get all these other things and all I would have to do is cancel later if I didn’t want them. When I tried to cancle the magazine subscription they said that I couldn’t because it was a contrac -t I agreed to over the phone and the call was recorded. I was able to cancel everything else, the magazine subscription was the only contract.
Asked on February 14, 2011 under Bankruptcy Law, California
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
If one term of the contract was that you could cancel later, that term is itself enforceable--you can cancel under the contract.
If cancellation is not a term under the contract, but they told you it was, then they lied--or in legal terms, committed fraud (knowingly made a material misrepresentation to induce you to enter into a contract). Fraud invalidates the contract; is something you can sue over, if you've suffered losses; and may even give rise to criminal liability. If they truly said you can cancel, you should be able to--and if they won't let you, you can report them to the police, to the state attorney general's office, (for whateve it's worth) to the better business bureau, and sue them.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.