Legal Question in Business Law in California
We ( my wife and I) executed a contract with a Vacation Club a year ago. Since that time we have not been able to contact them by email or phone and have not received our "vacation cards". These cards were to provide us with access to internet sites that would give us discounts on vacation opportunities and to allow us to book directly and recieve discounts and rebates. The iniation fee was $4000 and there are annual fees of $174. They are now billing us for the annual renewal and this is the first time we've heard from them. We would like to cancel the contract for lack of performance and recoup our $4000.
3 Answers from Attorneys
You will have to sue the scammers to do so, and I wouldn't hold my breath about finding them or ever recovering any money. Good luck. Also, contact every govt agency you can think of to complain and seek prosecution.
Consider a suit in Small Claims Court, if you can identify the company as having a California location. The Secretary of State's web site may be a way to identify the comapny's agent for the service of process in California. Try www.ss.ca.gov
Also maybe obtain and study a copy of the Nolo Press book, "Everybody's Guide to Small Claims Court in California."
Sounds like fraud. You should sue to recover all your money, You should confer with an attorney to investigate. If you are not the only one defrauded, they could be out of business. They may have sold their accounts receivables as part of the deal.
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