Legal Question in Consumer Law in Oregon

I bought a package at a chain of electrolysis clinics with an office here in Portland; it cost about $2,000 and offered a number of visits. Two visits in, they closed their only Portland location - in order to go to their now nearest location in Seattle, I would have to drive 3.5 hours each way. Is this a breach of contract? Should I expect them to give my money back?

I haven't contacted them yet.


Asked on 11/16/10, 6:14 pm

1 Answer from Attorneys

Daniel Meek Daniel W. Meek

Yes, you should expect them to give you the money back, less perhaps the cost of the 2 visits.

Whether or not the contract you signed with them states that the Portland location would remain open, what they have done is a breach of an implied term of the contract. Certainly you reasonably expected that the Portland location would remain open to provide the services you paid for and that you would have have to drive 7 hours every time you wished to receive the services.

Ask them for your money back. If they refuse, tell them you are going to file a lawsuit against them in small claims court. For information on how to do that, see http://www.osbar.org/public/pamphlets/smallclaims.html. If they still refuse, then file the lawsuit. Small claims court can handle claims of up to $7,500.

You might also want to help your fellow customers there by giving them this information. Do you have any way of communicating with them? Do you know any of them? If there are several of them, you could get together and file a lawsuit in the regular courts of Multnomah County for a much larger amount of money, including perhaps punitive damages against the company for deliberately misleading you (and the other customers) about the contract.

Read more
Answered on 11/21/10, 9:17 pm


Related Questions & Answers

More Consumer Law questions and answers in Oregon