Legal Question in Consumer Law in California

An xtremesocal.com sales agent was at my school, and talked me into "reserving" two of their promotional deals for sports packages. She stated clearly that there would be no charge at all, and that they were simply reservations, and could be cancelled within 5 days. After taking my credit card number, name, and phone number, she briskly walked off. After calling the office, I was told that whatever paper I signed was a contract stating that all sales were final, and that cancellations would not be honored. I was then told to write an email to somebody, who responded saying that they would cancel the sale if I sent them a money order of 20 dollars (out of the 100 dollars originally owed to them). Am I legally responsible for the 20 dollars, or is there a way that I can hold them accountable for false advertisement or fraud?


Asked on 12/20/10, 12:03 am

1 Answer from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Write them a letter (you have learned how to write a business letter, yes?) certified mail return receipt requested to the person whose name is on the email, saying you are cancelling the contract for $20, and enclosed is the $20. Enclose a money order for $20. Keep copies of the letter, the money order, and the contract. Never again allow yourself to be "talked into" anything. Any good deal will still be there after you have had a day or two to think it over. And remember, whatever the friendly salesperson says doesn't count, only what's in the written contract. Ask the principal of your school, your local school board, and your parents why no one ever taught you about consumer contracts.

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Answered on 12/25/10, 12:28 am


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