Legal Question in Business Law in California

deceptive mailing

Several weeks ago I received what I thought was a refund check from my local telephone yellow pages provider.

I realize now that the ''check'' was from the internet yellow pages and they are dunning me to pay for listing my home business. I don't want this listing and will gladly return their money. Just how ''binding'' is a deceptive mailer such as this (it looked like a refund check) and, what do I do to cancel the ''agreement''?


Asked on 5/17/04, 4:23 pm

2 Answers from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

Re: deceptive mailing

Send them a certified letter, return receipt, telling them, in essence, that you did not agree to the listing, never knew about it, and they are not to list your business. Keep a copy of the letter for your records. Then see what happens.

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Answered on 5/17/04, 4:27 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: deceptive mailing

Mr. Cohen's advice is the best general approach. Each scam of this kind has to be handled a little differently, because the scamsters differ in their tenacity and reachability. After the first letter, do whatever seems to work.

I think your chances of winning on the legal issues involved here (mainly, whether you are bound by the "contract") in Small Claims Court are pretty good. The issue is whether the cost and hassle warrant a trip to court, either because they sue you, or you sue them.

Non-payment might also result in a negative on your credit report.

Nevertheless, California law disfavors contracts disguised as something else; the "contract" is very likely not enforceable and possibly a fraud.

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Answered on 5/17/04, 5:19 pm


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