Legal Question in Business Law in Illinois

I agreed on the phone to pay one-time fee for a new business start up kit and two days later decided not to accept the kit when it was delivered to my door by a U.S. Postal carrier. I called the business back and they claim I agreed to a non-reundable fee and said they recorded my "Yes" to the question. I asked them to email me the recording as proof, but my computer could not play it, so I couldn't hear. The only choice they say I have is to accept the kit and start up the business.

My question is: Is a telephone recorded agreement legal and binding or must they drop the fee since I let them know within 3 days that I had changed my mind? They refuse to drop the fee because they said I agree to a non-refundable fee.. I have nothing to show for my mistake but the charge to my credit card account! What can I do to get my account credited back for the amount. Can I dispute the fee with the credit card company?


Asked on 7/15/10, 3:29 pm

1 Answer from Attorneys
Thomas Moens Moens Law Offices, Chartered

There is no right "three day right to cancel" except for door to door sales and refinancing your residence. Unfortunately, it is irrelevant that you changed your mind within three days.

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Answered on 7/19/10, 8:31 am


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