What to do if I was talked into a 60 day free trial of Yellowuspages advertising services andI was told I could cancel with a phone call but now cannot?

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What to do if I was talked into a 60 day free trial of Yellowuspages advertising services andI was told I could cancel with a phone call but now cannot?

I promptly phoned customer service talked to a women who tried to talk me into staying with the service, but I insisted that I wanted to cancel the service. At the competition of the call I thought my account was canceled. I never got any communication from the company after that. Nothing to give me any hint that my cancellation did not get entered into the computer! Apparently it didn’t. Now I am getting calls stating I owe them money. Each call the amount is higher. I filed a complaint with BBB, but that didn’t help. What action can I take to now?

Asked on May 20, 2013 under Business Law, Washington

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

IF you validly cancelled, they cannot charge you for services after the cancellation: either you could wait to see if they sue you for the money, then raise your cancellation, in accordance with the terms of the agreement, as a defense, or you could affirmatively sue them (but it would have to be in "regular" court, not small claims court; small claims court does not have the following power), seeking a court determination that you cancelled and owe them no money. But you need to confirm firs the terms of what you agreed to--are you *sure* you could cancel wth a phone call, and that the service agreement didnt't require written notice? Also, bear in mind that proving your case--that you called to cancel--may be difficult if they deny that you did; without anything in writing, it  becomes a "he said, she said," situation.


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