Legal Question in Business Law in New Jersey

I was sent a random DVD package with a letter that said if you choose to keep these DVD's pay $10 a DVD if you do not want these then please mail them back. I do not want to mail them back because of shipping and now they want to sue me saying that I breached the contract. Do I have a chance to win this case and why or why not just so I can understand this?


Asked on 1/17/12, 6:23 pm

2 Answers from Attorneys
John Corbett Corbett Law Firm LLC

Properly done, you will certainly win the suit and can probably also recover on counterclaims. There is a federal statute that specifically prohibits that scam.

See also: http://info.corbettlaw.net/lawguru.htm

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Answered on 1/18/12, 5:52 am
Walter LeVine Walter D. LeVine, Esq.

While I concur, they could have been returned for nothing, by merely re-sealing the package and writing across your address "Unsolicited Merchandise - Return To Sender"

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Answered on 1/18/12, 1:45 pm


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