Legal Question in Business Law in Utah

Yellow Page telemarketers

I recently received a faxed bill from a co. for over $400 for a ''business YP'' listing for 2 years. When I called to refuse, they stated they had permission from my secretary to authorize the bill and had a digital recording backing them up. They emailed me the recording which indeed had her authorizing the transaction. When I asked her about this, she remembered them saying they were ''renewing'' my yellow page ad and needed us to authorize the new ad. She feels she was misled by them thinking this was our qwest-dex YP. I have reviewed no ad proof, signed no contract or was made aware of this until the faxed bill arrived. Any legal remedies?


Asked on 11/02/02, 4:11 pm

1 Answer from Attorneys
Alvin Lundgren Alvin R. Lundgren, L.C.

Re: Yellow Page telemarketers

Oral contracts are binding - but only up to one year under the Statute of Frauds, however, if your secretary did not have authority to bind the company; and in conjunction with the misleading nature of the YP you have a good argument to not pay the bill. Ultimately you will have to resolve this matter, and they may elect to file a claim in small claims court. You may want to call the Federal Trade COmmission and the Utah Attorney General - it may be that the telemarketers are using unfair business practices.

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Answered on 11/03/02, 4:59 pm


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