Legal Question in Business Law in Pennsylvania
Yellow Pages Ad Contract
I contacted a salesperson with the intent of placing an ad in the yellow pages. The sales person verbally indicated that I was entering into ''a monthly contract which can be cancelled at any time''. He asked for the last four digits of my s.s. # ''for verification''. Two months later I moved from the area and left 3 voice mails for him asking to cancel the ad. I received neither a contract nor collection notices (as I have moved). Now I am getting calls stating that I owe the yellow pages one year's fee and that I cannot cancel the ad. They state that there is no way the sales person could have been misleading and that the last four digits of my social security # count as a 'binding agreement for a year contract'. The collection end of the yellow pages states that there is a recording of the phone call, but the complaints dept says there is no such recording. My question is: Is the burden of proof on me to prove that the salesperson was misleading (because yellow pages makes it seem the burden of proof is on me). And second, do the last four digits count as a 'binding signature' - as they say it does. Keep in mind, the sales person asked for the last four digits 'for verification' and they have no signature from me. Thank you.
1 Answer from Attorneys
Re: Yellow Pages Ad Contract
You asked about collections problems regarding a cancelled Yellow Pages ad.
Yellow Pages ads are notorious for being problematic for all but the largest businesses. And I've even known them to have problems. I'll admit it's a large task but you'd think they would have gotten it right by now.
The creditor must establish that the debt is valid. SImply because they have the last four digits of your social security number does not make it a binding contract. You can establish a verbal contract but the agreement must be proved by the party seeking to enforce the claim.
Must suggestion is not to deal with them on the phone at all. Look up the Fair Credit Reporting Act and Fair Debt Collection Practices Act and it will tell you exactly what the creditor and its debt collector must do. Deal with them only in writing and demand that they prove that you had a contract. If any department their claims to have a recording then demand they produce it. Do not let them scare you.
Eventually, you'll need to get an attorney to handle the complaint against them for debt collection violations. I would be happy to help you with that, and the best part is that I can likely get the court to make them pay my fee.
Keep meticulous records of every contact you have with them phone and letter. Do not let them annoy you. My personal trick is to treat their call to you as though you were making an obscene phone call. It fun and finctional. They usually hang up real quickly. Just don't do it at work. If they call you at work, simply tell them that you are at work and they may not call you on that number again. If they do, call me and I'll sue them.
If and when the item hits your credit report we can explore other options. Good luck.
Regards,
Roger Traversa
Email: [email protected]
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