Legal Question in Business Law in New York
I signed up for monthly installments for a marketing service for one year because there was a 100% money back guarantee. However, I did not receive the terms & conditions until after my card was charged. Only then did they state the the refund was only available after one full year of payments and participation as well as having to disclose ALL financial statements for the entire year and the month before I started the plan.
My question: Is it possible to get out of this after three months? The "expert advice" is a farce at best and I feel that I am being scammed.
1 Answer from Attorneys
No one here could tell you whether you have wiggle room out of this agreement without reviewing the terms along with all the facts. The fact that you paid first and before you saw any terms does not on its own mean that you can cancel. It begs the question why you would have offered your payment knowing there were terms yet to be reviewed. At best, this would mean that the transaction was not governed by the agreement that was never assented to. In other words it would be considered as if there was no contract. This may be good news for you or it may not make much of a difference. A lot of times with these kind of cases it will require more time and effort from legal counsel to sort it out than what the whole thing is worth so you have to put that on balance.
If you would like to discuss further over a free phone consult, feel free to contact me anytime that is convenient.
Our firm is now referred by the American Bar Association (see under the New York section):
http://www.americanbar.org/groups/delivery_legal_services/resources/programs_to_help_those_with_moderate_income.html
Kind regards,
Frank
www.LanternLegal.com
866-871-8655
DISCLAIMER: this is not intended to be specific legal advice and should not be relied upon as such. No attorney-client relationship is formed on the basis of this posting.
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