Legal Question in Consumer Law in Michigan

Cancellation of a verbal contract

I was contacted by phone on Tuesday by a salesman trying to sell me a subscription to a ''lead-generating'' system. I am a realtor and at first it sounded interesting. I told the man that I was undergoing treatment for cancer, and would probably not be able to do this yet. He said I could sign up for it and try it. I gave him my credit card info over the phone. I specifically asked him if I decided to cancel that day or the next would it be a problem, and he didn't say no, he simply said, ''You're should try it for a couple of months first.'' After a rough day following my treat-ment, I called the cancellation dept (I had already sent 2 emails to no avail), and I was told that their policy is no refunds. We're talking $404.52! I went to the #3 person in the company, Neil,and after a lot of persuading, he released me from my contract. Well, within 15 minutes of telling me that, he called back and starting saying that there's no way he'll release me, I had been recorded as saying I would be interested in the program (they DIDN''T record the part where I asked about cancelling or when I spoke of my cancer treatments. Now I don't know what to do. Can I send a letter, since I'm within 3 days, and get out of this? Help


Asked on 8/07/08, 8:52 am

2 Answers from Attorneys

Alexander M. Rosenfeld Rosenfeld & Stein, P.A.

Re: Cancellation of a verbal contract

To which, if any, any contract is your question directed?

I see mo issue.

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Answered on 8/07/08, 9:06 am
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Re: Cancellation of a verbal contract

Yes. Send a letter. Fax it; send it certified mail. Contact your credit card company and dispute the charge.

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Answered on 8/07/08, 11:00 am


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