Legal Question in Business Law in Florida

friend ensnared in scam by phone

A friend, not yet recovered from being sole care-giver through her Mother's 16 year seige of advanced Alzheimer's (died last summer) has been a nervous wreck and was too vulnerable when a telemarketer from Tempe, AZ sold her on a plan to create & advertise a business website in her name, w customers to be serviced by others. My friend had no interest in any website prior to this call -much less one to broker mortgages! She's a pianist, struggling to make ends meet as a substitute teacher, yet they talked her into paying $8,000 up front , chged to 3 credit cards. She's since pd off $3,000 from her savings and owes the rest, of course has earned nothing, 5 months into this deal. So, she contacted company execs asking to be let out, and got their offer to refund $2500 but at rate of 500/mo IF she signs away

any further rights to complain or even discuss. They just called to urge her to sign & fax acceptance, warning her she cannot afford litigation otherwise. I've told her not to sign any more until getting legal advice. She's a Fl resident (33569) in her 50's, and gave me permission to contact your site.

Is there a way via ICC to extricate her-- based upon fraudulent or undue pressure sales tactics?

Thank you for any advice.


Asked on 12/05/07, 8:59 am

1 Answer from Attorneys
Scott R. Jay Law Offices of Scott R. Jay

Re: friend ensnared in scam by phone

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

A contract is a binding agreement. Having said that, there may be avenues if fraud was involved. With the minimal information provided, it is impossible for anyone to provide any real advice. Your friend needs to consult with an attorney to explain the situation fully, have the attorney read the paperwork and see what she signed, and then advise her as to her rights and responsibilities.

Frankly, it is possible a court in Florida would not support any foreign company trying to enforce a get rich quick scheme although the contract may provide that the suit would be proper elsewhere.

Scott R. Jay, Esq.

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Answered on 12/05/07, 11:24 am


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