Legal Question in Consumer Law in Iowa

mentally disabled and a contract

My daughter , who is mentally disabled got an e-mail from Crest Whitening. She sent it in thininking all she was getting was a free sample. When they kept coming she did not know what to do and just tucked them away. She has been getting charged almost 90 dollars a month and even though I have told them about her mental disabilities they are refusing to accept them back and refund her money. She is on SSI for her disabilities. The customer service has actiually been a little rude but so far I have been nice and just tried to explain the situation to them. Things have been put into place now so that she cannot do this again but for now I am searching for some advice on how to get them to take back the product and reimburse her the amout they have taken from her checking less the postage costs.


Asked on 10/22/08, 9:31 am

2 Answers from Attorneys
David Anderson Anderson Business Law LLC

Re: mentally disabled and a contract

If she is mentally disabled how did she get a checking account or credit card?

If she can use the internet and has those attributes of adult responsibility you will have a difficult time claiming disability.

Otherwise go to credit card co. and use their dispute procedure.

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Answered on 10/22/08, 12:10 pm
Thomas Moens Moens Law Offices, Chartered

Re: mentally disabled and a contract

If she is mentally competent enough to have a checking account, you are going to have a tough time arguing that she is not mentally competent enough to enter into a contract.

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Answered on 10/22/08, 1:37 pm


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