Legal Question in Consumer Law in Utah
Unauthorized Advertisement
I recently called a yellow page company and asked them about advertising in their phone book. They told me they would have the advertising department draw something up, send it to me, then I would authorize or decline it. They never sent me anything. I called the gentleman I spoke with on two more occassions and he assured me since it was close to the deadline for this years directory it was taking longer to reach me. I never received anything, that was early June it is now late August. Today, I opened the new phone book and there is an ad that I never authorized or even saw until now. In fact, I cancelled the phone number two weeks ago assuming that it wasn't going to be put in the new phone directory anyway. The company is claiming that I owe them $1800. They did not do what they claimed they would do. How is it that I am liable for their wrong actions? If I get a bid from someone to do a job, then they decide to go ahead and complete it without my authorization, how is it that I owe them when I never said ''DO IT!''? Please Help!
1 Answer from Attorneys
Re: Unauthorized Advertisement
Document in a letter your facts to the company and demand that you get a written acknowledgement that you are not going to be billed. They will probably not respond. If they attempt collection, demand to see a copy of the contract. Depending on the company you may wind up in small claims court to defend yourself. Keep a written record of your dealings with the company. You should not be required to pay for the ad, indeed they may have damaged your business if the ad was erroneous or misleading.
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