Legal Question in Consumer Law in Texas
Silence as Acceptance of a product??
I received a letter in the mail for a product, and the letter says ''there is no need to respond to this offer, unless you don't want the product. If we don't hear from you otherwise within 7 business days, our product will be shipped to you, and you will be billed at the 1st of each month'', the letter goes through my office mail room, and I don't receive the letter until after the ''7 business days'', then the product and an invoice appear at my business. My procurement department does not know what it is, until about 2 weeks after it arrives, when they put 2 and 2 together and realize it was related to that letter. They promptly return the product (after opening it, and plugging it in and ran it once to see what it was), 2 weeks after returning the product, we began receiving invoices every month, and 12 months later we received a demand letter for the 12 months worth of lease payments. What can I do, or what can my attorney do in this case to get me out of this? Is there a contract that I am bound by? How would you advise me to proceed with this ?
1 Answer from Attorneys
Re: Silence as Acceptance of a product??
Get in touch with the Federal Trade Commission. That, "It's yours unless you reject it", ploy is illegal.
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