Legal Question in Consumer Law in Florida

We signed a contract with a travel supplier after listening to a presentation and being told we would save considerable mony with their service and their "discounted" deal was only avail. that night. We are retired and expected to be able to travel more at low prices This is not the case. After finding prices were no better than internet offers, extremely poor customer service, no availability when and where we needed, we want out of this $5000 service we cannot use. They refuse refund. They set up a credit card acct. in my name for payment which obligates me to the bank so they feel no obligation to cust. service. They got their money! Am I stuck with a $5000 bill for something I cannot and never did use just because a salesman got me to sign a contract? Do I have a chance in small claims court?


Asked on 1/16/10, 1:47 pm

3 Answers from Attorneys
Joseph Brien THE PEOPLE'S ADVOCATE

Misrepresentation and mistake in fact are good starts to undermind a good contract. I suggest you retain an attorney or join Pre Paid Legal and have a dispute letter sent terminating the agreement for misrepresentation and mistake in fact. If they have access to credit card or account have the numbers changed and have any EFT terminated by bank. Good Luck.

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Answered on 1/22/10, 6:53 am
Sarah Grosse Sarah Grosse, Esquire

Unless the contract is unconscionable or you did not have the capasity to enter into the contract, it is not likely you will find recourse in small claims.

I suggest you complain to the Florida Attorney General's office (www.myfloridalegal.com). They do not take kindly to companies scamming consumers (especially retirees) out of money.

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Answered on 1/22/10, 6:55 am
Angelo Marino Angelo Marino Jr. PA

I have had cases like this. These are rip-offs. Get an attorney in your area who handles consumer cases. For a consumer lawyer in your area, go to

http://naca.networkats.com/members_online/members/directorya.asp?token=

Want to know the law? Sign up for our free newsletter on varies areas of the law by sending an email to [email protected] and requesting the newsletter, or go to www.ConsumerLawyerHelp.com.

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Answered on 1/22/10, 1:27 pm


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