Legal Question in Business Law in California
I have constructed an employment publication for businesses across the United States. I intend to bill these companies for my services without them asking for the service. I am aware of the federal disclaimer I need to include on my invoice IF it is a solicitation; however, I already have constructed the advertisement publications...that being said, do I still need to include the disclaimer on my invoice even though I am not technically soliciting anything as I am providing a real service?
3 Answers from Attorneys
As you might imagine the basis of most agreements will require a "meeting of the minds" on reasonable specific facts BEFORE the services are rendered...so, play nice and engage in the normal "slaes pitch" and obtain some definitive level of agreement before you provide the services and send an invoice. If you do not engage in some level of "prior agreement" or sufficient notice that it is not actually an invoice, you run the risk of violating several civil and criminal laws...so tread carefully...and call an attorney to discuss further.
I think you are a scam artist. Businesses and people have no obligation to pay you a bill for services they did not request. If you sent me a bill, I would tell you to pack sand.
How do you figure you can bill someone for something he didn't agree to take? You will be providing them a free unsolicited service for which you can not and will not be paid. Plus, attempting to collect or threatening collection of such a fraudulent bill could result in civil and criminal penalties under the Fair Debt Collection laws. You need to look for another line of work that is legal.
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