Legal Question in Consumer Law in Massachusetts

Although verbal contracts can be just as legal and binding as written contracts, this is not the case here. Mostly, due to a hundreds of year old law called "the statute of frauds." Among other things, it states that contracts which cannot be completed within one year and contracts for the sale of goods for more than $500 MUST be in writing.

Therefore, since it does not satisfy the statute of frauds, the verbal contract alleged here would likely not be enforceable.

On the other hand, if they sued you, they could make a claim under theories of equitable estoppel or fraudulent or negligent misrepresentation and still recover from you if they truly and reasonable relied upon your promise to pay, and thereby suffered economic loss.

More likely than not, however, this is a strong-arm, illegal, scam tactic to sell magazine subscriptions. Should you decide to refuse to pay, and they send you anything in writing. Please email or fax a copy to my office for a free consultation as I may be able to represent you at no cost based on the fee shifting provisions of consumer protection law. In the meantime, document all calls, and threats with dates, names, and times.

Good Luck!