Legal Question in Business Law in California

unsolicited merchandise

We had an unsolicited Cd-ROM sent to us, with a 15 day trial period on it. We had not requested this material so more than likely it was thrown out. They are trying to charge us for it, and they have proof that we signed for the item. Our company buys items through a purchase order system, to which they said they had verbal acknoledgement from the owner of the company (they didn't even have his name correct). They have sent us to collections and are now threatening to take us to small claims. Is there any way for us to win in this case?


Asked on 5/22/07, 1:31 pm

3 Answers from Attorneys
Johm Smith tom's

Re: unsolicited merchandise

If they sue you, our CA attorney can defend you. This type of issue comes up a good deal. I'd fight them on this.

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Answered on 5/22/07, 2:04 pm
Timothy J. Walton Internet Attorney

Re: unsolicited merchandise

I do believe that you have the possibility of winning the case. If the amount in dispute is only a few hundred dollars, it might make more sense to just pay it, of course, rather than deal with potential harm to a credit rating.

If the dispute is over an amount of money such that an officer or director would prefer to spend some time at a small claims hearing rather than just pay the claim, then he or she should be prepared with evidence of why there is no money owing.

It is permissible to have an attorney advise a party in small claims, but the attorney cannot appear before the judge (except in certain limited circumstances) unless the defendant loses and appeals the loss.

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Answered on 5/22/07, 4:08 pm
Daniel Harrison Berger Harrison, APC

Re: unsolicited merchandise

These type of scams have been challenged in the past. We may be willing to provide you with some free service. Feel free to give us a call or email.

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Answered on 5/22/07, 10:17 pm


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