Legal Question in Business Law in New York

Cancellation and Refund Policy

In November of 2003, we went into contract to have an ad printed in a telephone directory. The contract stipulated No Cancellations and No Refunds. However, it was determined after we signed that the advertising would not benefit us and that we felt pressured to proceed. We notified the vendor, cancelled the check and since they never tried to deposit it or charge us for an NSF charge, it was understood that the matter was settled. Now, they are trying to put us into collection for the full amount of the work. There is nothing on their form that says we have to notify them in writing of anything so therefore the phone call should have been enough. The advertising wasn't to take place until February of 04 so they had more than enough time to come after us then....Can I argue that their policy is not legal? I can see a policy where you are charged for cancellations but how can you tell a consumer that they are not allowed to cancel?


Asked on 4/26/05, 11:06 am

2 Answers from Attorneys
John Friedman Law Office of John K. Friedman

Re: Cancellation and Refund Policy

1. From your facts it seems your are not a consumer, you are business. That changes matters greatly.

2. However, this is not the end of the game. You may have an arguement based on laches or otherwise on equitable estoppel. To determine this would require some research and a better, more nuanced understanding of the transaction.

JF

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Answered on 4/26/05, 11:29 am
Meyer Silber The Silber Law Firm, LLC

Re: Cancellation and Refund Policy

Well, telling you that you can't cancel is really the same as saying if you cancel you still have to pay. The fact that they took their time to sue, is not going to be great help to you. You can try to argue that their policy is unfair given the facts in your case.

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Answered on 4/26/05, 6:32 pm


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