Legal Question in Consumer Law in California

Reverse Sales requirements

I have become aware of a reversal trend that will affect every consumers right in the United States if it is allowed to continue. I recieved a card in the mail from Bottom line books saying that they would be sending me 2005 yearbook unless I fill out a card saying I don't want it. I have never signed anything with bottomline books saying that I would purchase anything from them. I forgot about the card and got the book in the mail about 3 weeks later. Now they wnt me to pay $30.00 for the book.This week a got a letter from Kaiser Medical foundation telling me about a study they are doing on Chronic Pulmonary Disease and saying someone would be calling me to ask questions. It said that if you didn't want to participate to sign and send back the enclosed card. There was no enclosed card. Its all complely voluntary they said. I am registered with the calif DONOTCALL registry with most companys seem to ignore. Can companies require you to respond if you don't want something???


Asked on 4/07/05, 9:55 pm

2 Answers from Attorneys
Christopher M. Brainard, Esq. C. M. Brainard & Associates - (310) 266-4115

Re: Reverse Sales requirements

Yes, I know about the problem. I'd take the case with the book I think. That makes a good class action if there are enough people affected. Interested in initiating the complaint? You get your money back and more. The Kaiser case is pretty weak. But the book trick was incorrect.

Read more
Answered on 4/07/05, 10:00 pm
Jonas Grant Law Office of Jonas M. Grant, A.P.C.

Re: Reverse Sales requirements

Your question contains identifying information and should have been rejected on that basis. But it's here now, so...

Preliminarily, the do not call registry is for telephone, not mail, solicitations, so I don't see its relevance to your query.

If someone sends you something in the mail that you didn't ask for, it's generally yours to keep, free and clear. I take it you fear they are going to take you to collections on the amount "owed" (assuming the facts are as they say you are - I have a suspicion you may be misreading at least the Kaiser card - perhaps it said if you don't want to hear from us again, return this card?).

A final possiblity is that as a prank someone is signing you up for things, and that the companies involved are therefore doing no wrong?

Read more
Answered on 4/08/05, 4:01 am


Related Questions & Answers

More Consumer Law questions and answers in California