Legal Question in Business Law in Florida

my friend got ensnared in a bad deal over the phone

A friend of mine, still recovering from the after affects of her mother's demise after being her sole care-giver throughout a 16 year seige of advanced Alzheimer's (onset 6 years previoius), was in a vulnerable state of mind when some one from Tempe, Arizona talked her into investing $8,000 in a marketing scheme by which they'd advertise a website named for and financed by her, with the customers serviced by others. My friend had no interest in a website prior to this call, nor any business ability. She's a pianist, struggling to make ends meet as a substitute teacher. I'd alreadly cautioned her against making any deals, after others sold her huge quantities of health supplements ''guaranteed to cure'' her mother. Five months into this deal, she's made nothing but has paid $3,000 from savings, still owes $5,000 on credit-card. She contacted company asking to be let out, they're offering $2500 at rate of 500/mo if she signs away

any further rights to complain or even discuss. I've told her not to sign any more until getting legal advice. She's a Florida resident in her 50's (33569) w 20+ yr. old car.

Is there any avenue to extricate her- based upon fraud, or undue pressure in sales tactics? I can relay to her e-mail. Thanks.


Asked on 12/05/07, 8:17 am

2 Answers from Attorneys
Scott R. Jay Law Offices of Scott R. Jay

Re: my friend got ensnared in a bad deal over the phone

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

A contract is a binding agreement. Having said that, there may be avenues if fraud was involved. With the minimal information provided, it is impossible for anyone to provide any real advice. Your friend needs to consult with an attorney to explain the situation fully, have the attorney read the paperwork and see what she signed, and then advise her as to her rights and responsibilities.

Frankly, it is possible a court in Florida would not support any foreign company trying to enforce a get rich quick scheme although the contract may provide that the suit would be proper elsewhere.

Scott R. Jay, Esq.

Scott R. Jay, Esq.

Read more
Answered on 12/05/07, 11:22 am
Scott R. Jay Law Offices of Scott R. Jay

Re: my friend got ensnared in a bad deal over the phone

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

A contract is a binding agreement. Having said that, there may be avenues if fraud was involved. With the minimal information provided, it is impossible for anyone to provide any real advice. Your friend needs to consult with an attorney to explain the situation fully, have the attorney read the paperwork and see what she signed, and then advise her as to her rights and responsibilities.

Frankly, it is possible a court in Florida would not support any foreign company trying to enforce a get rich quick scheme although the contract may provide that the suit would be proper elsewhere.

Scott R. Jay, Esq.

Scott R. Jay, Esq.

Read more
Answered on 12/05/07, 11:22 am


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