Legal Question in Business Law in California

100% Money Back Guarantee - But They Won't

I own a small business.

I had been getting emails from a trade magazine trying to get me to advertise.

I wasn't sure if it would be the right venue for my training products and consulting services.

But the sales rep said

''We offer a 100% money back guarantee - my questions asked. If the advertising doesn't work for you we will refund your money.''

So I said what the heck and signed on for 12 months of advertising.

After 5 months, it is clear that the ads have produced no interest and this is the wrong venue for us.

So I called the sale rep - telling him that I wanted to cancel the contract and why and that I would like to act open their money back guarantee.

He gave me a 'song and dance' that had no relevance whatsoever with the WRITTEN Money-Back Guarantee that they published in the marketing pieces.

After much back and forth, it was clear to me he would not refund the money.

So I said let me at the very least cancel the contract.

He promised to talk to his boss and get back to me.

He has not.

What is my legal recourse?

What should I do?


Asked on 10/18/06, 8:29 pm

2 Answers from Attorneys
Matthew Mickelson Law Offices of Matthew C. Mickelson

Re: 100% Money Back Guarantee - But They Won't

You may have recourse. If the written agreement specifically states that they will refund your money if there is no interest, then failing to do so may be a breach of contract. If the written agreement is not so specific, they may still be liable for fraud. Feel free to contact me if you'd like to discuss this further.

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Answered on 10/18/06, 8:36 pm
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: 100% Money Back Guarantee - But They Won't

He said, you said, you called, they told you, you had a back-and-forth. Do you begin to notice a pattern here? Talk less. Write more. Write letters. Rely only on written contracts. Have your business lawyer write letters.

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Answered on 10/18/06, 8:48 pm


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