Legal Question in Credit and Debt Law in California
Obligated to pay erroneous charge?
I subscribed to magazines through consolidated company. Couple months later another company somehow got my pertinent info, including name, address, phone,and card #, and called me claiming re ''updating'' and verifying info. They read everything to me-list of magazines I had subscribed to, and asked for my expiration date. I gave to them. Shortly, I received charges from two companies (different states) for same product. I only recieved one set. I figured out I been scammed; tried to cancel with the second company. They claimed I could not because I had binding contract. They harrassed me. I spoke with supervisors in all depart's & started dispute claim with credit card, filed complaint with BBB. The second company sent a copy of ''contract'' I never saw, proving to credit card charges must be legitimate. Now I owe money, credit card company will not support because it's ''he said, she said'' scenario, and I have no proof. The second magazine company is threatening collection. At this point, I have no idea what to do. The first company I paid in full. I'm worried about my credit standing, which was excellent. I don't want to pay for something I was tricked into and not recieving!! any suggestions?
1 Answer from Attorneys
Re: Obligated to pay erroneous charge?
I am sorry to tell you this, but it seems that only a lawsuit will put a stop to this kind of aggresive marketing. You can proceed with an equitable suit known as a Petition for Declaratory Relief, which asks the court to declare that you have no obligation to this company. It will, however, cost you money to move in this direction, the losing company, however, will have to pay some of those fees and costs.
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