Legal Question in Consumer Law in North Carolina

Entering into a contract fraudulently

Hi,

So here it goes. One day I received a call from a company who told me that I had won a prize, but to receive the prize I would have to sign up for this magazine subscription with them. So, stupidly, I did, but when they asked me if I was over 18 years old I said yes, but in reality I was not. A couple of weeks later I received a welcome statement for the total balance that I would incur and it turned out to be over 600 dollars. I decided that this was not for me, so when I called to tell them that I wanted to cancel before the service started, they said it had already been put through.

So my question is: Is this contract legally void because I entered into an agreement being under 18? I heard somewhere that collectors cannot legally collect a debt anyone under 18 incurs. Is this also true?

I'm shaking in my boots, please help someone!!!!!!! :(


Asked on 6/26/05, 1:26 am

1 Answer from Attorneys
John Kirby Law Offices of John M. Kirby

Re: Entering into a contract fraudulently

Minors (defined as under 18) do not have the legal capacity to contract, and the contract is "voidable." Hence, you're in the clear, but it might take some convincing to the magazine company. I suggest notifying them (by phone, in writing, or both) that you were a minor, and they should back off. The fact that you misrepresented your age actually does not affect the voidability of the contract. Also, there may be some limitation on their ability to require you to sign up to get your prize; you could also contact the attorney general's office, perhaps the consumer protection division. You may of course want to contact an attorney to discuss this further.

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Answered on 6/26/05, 7:02 am


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