Legal Question in Consumer Law in New Jersey

Lead Program

I am a Realtor.In August 2006 I started a program that would email and text me leads for prospects for a year. I was allowed 10 a month and they were to be good, screened leads.The leads were terrible; not real, towns and states out of my area and for impossibly low prices for my area.I answered one that at first sounded O.K. but the person said they sent it by mistake.The company tried to fix it but didn't.Every time I called to complain I got different information from a different person.I then stopped for a month because of a week vacation and hoped that when I started again It would be corrected.Then, because of the terrible service and program, I decided not to rejoin.They never called. A few weeks ago(a year after I joined!) I started receiving new leads again (I didn't answer).I called the company, they said there was a mix up and they would stop sending them. They stopped about a week ago, but then I got a bill for $200.00 for the month on my charge card.I called again, this time they said that to cancel I would have to pay for an additional 6 months ($1200.00!).I have never signed a contract with them.I paid them $400.00 last year for 2 months and did not get ONE lead.Do I have to pay this bogus service?Thank you! Susan


Asked on 8/10/07, 8:03 pm

2 Answers from Attorneys
Robert Davies The Davies Law Firm, P.A.

Re: Lead Program

I have read what Attorney Corbett wrote to you. I agree, I would not voluntarily pay them a dime, and would contest the $200 immediately. The legal issues are not completely clear, however. If it becomes worse (for example, they sue you, or report this as a bad debt) then you should get a lawyer involved. The Federal Fair Credit Reporting Act prevents them from reporting false information to the credit reporting agencies.

Disclaimer: Your question and any response does NOT create an attorney-client relationship between you and this law firm. You can not rely on the statements made by an attorney given over the internet. The exact facts of your situation, including facts which you have not mentioned in your question, may completely change the result for your situation.

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Answered on 8/13/07, 10:10 am
John Corbett Corbett Law Firm LLC

Re: Lead Program

On the facts as you describe them, I wouldn't pay them if it were me. The one problem that you have is that you resumed the service after you knew that it was bad. This may make it more difficult to justify some damages to which YOU might otherwise be entitled.

Tell them unequivocally that you will not pay where no services were ordered or rendered. Warn them that anything that appears on your credit report will be answered with a suit for slander of credit. Contact a business lawyer if they won't go away.

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

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Answered on 8/11/07, 6:58 pm


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