Legal Question in Business Law in Massachusetts

Credit Account ''Lease''

My husband signed up for a ''work at home'' program which turned out to be a multi-level marketing program. As part of his paperwork, it turned out he signed a $1,200. ''lease'' for several years with a Massachusetts-based company (we are in California) that would allow him to accept credit card payments from the other people he recruited to the program. He has never actually used the account, but the contract states that it is uncancellable and that we will be liable for any legal costs incurred by lack of payment. We have been receiving harassing calls--as have our relatives--claiming we will be summoned to court in MA. I wonder if this type of lease agreement is even legal, and if there is anything we can do to stop the calls.


Asked on 1/06/03, 2:47 pm

4 Answers from Attorneys

Nance Lyons Law Office of Nance Lyons

Re: Credit Account ''Lease''

Contact the state agency that investigates consumer fraud, generally the Attorney General or the Consumer Affairs office. They will best be able to advise you if this company has violated the law. Without seeing the documents, I can't give legal advice. However, it is another lesson in reading and understanding a document before you sign it.

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Answered on 1/08/03, 4:29 pm

Re: Credit Account ''Lease''

I suggest you search on www.google.com for the companies involved with this program to see if there are any pending investigations. Many, but not all, multi-level marketing schemes are illegal. The Federal Trade Commission, the U.S. Department of Justice and many State and local agencies investigate these schemes.

Depending on when the companies have called and where, they may have violated the Fair Debt Collection Practices Act. You should consult with an attorney about your specific situation to see what remedies and liability you may have.

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Answered on 1/06/03, 3:11 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Credit Account ''Lease''

Another possibility is to pay a local lawyer -- it shouldn't cost much -- to begin representing your husband in this matter by writing a formal letter to the Massachusetts company, identifying himself or herself as representing your husband in this matter and demanding that all future communications be directed to him or her. In my experience, this will stop a lot of shake-down attempts dead in their tracks.

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Answered on 1/06/03, 4:10 pm
James Burns R. Zebulon Law & Associates

Re: Credit Account ''Lease''

Almost anything can be legal if you agree to it. This is why people should have the contract reviewed with an attorney if they have never evaluated contracts before. If they didn't trick you, use fraud, or unconscionable it will probably prevail. You should hire an attorney to research whether or no there is inequality present such that the agreement would offend public policy. You will be in breach and they can get a default judgment against you in MA and then come out here and collect it. If you want it to go away you can either make an accord and satisfaction with them (see if they'll accept less to let you out) or just pay them.

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Answered on 1/06/03, 5:01 pm


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