Legal Question in Business Law in Colorado

Mail Order Purchase

I had purchased a box of personal checks off of a newspaper insert. The price on the flyer indicated an �introductory offer� for $5.50 per box including shipping. I followed the instructions, submitted a voided check, deposit slip and my check in the amount of $5.50 as payment in full via First Class Mail.

Two weeks later, I received my checks and my payment check had posted to my bank account.

A month later, I receive an invoice that stated the checks were $16.45 and shipping was $2.25 and my new total was $18.70, less the $5.50 I enclosed with the order for a balance due of $13.20.

In checking the printer�s site, I now notice that it if one checks the FAQ�s, you find the following in one of the questions: �If you have ordered with us in the past on this checking account, your order will automatically be re-priced at our special reorder rates.�

I�m wondering if the printer should notify the customer prior to accepting, printing and shipping the order that the cost would drastically change. If it�s not a law to do so, it sure would be good customer service and operating a legitimate, fair and caring mail order business.

Bottom line: Am I liable for the balance due? Thank you in advance.


Asked on 8/01/04, 12:40 am

2 Answers from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Mail Order Purchase

I would disregard the Web site and re-read the flyer from which you ordered; your contract is based on that, not some hidden message. Further, what the heck does "introductory" mean? Certainly it cannot apply to re-orders!

Of course, lawyers are in a little better position to be hard-nosed with scamsters, because we can threaten a little more effectively than the average consumer. Still, I think you are on solid legal ground (assuming a re-read of the circular confirms your initial position on the offering price).

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Answered on 8/01/04, 1:42 am
Edward Hoffman Law Offices of Edward A. Hoffman

Re: Mail Order Purchase

It sounds like fraud to me, provided that the ad from which you ordered said nothing about this higher price.

Do you still have the paperwork for your first order? It may have expressly stated that you would be charged a particular rate for future purchases. I doubt that it did, but it might have. Another problem you might face is with the "introductory offer" language; having dealt with this company before, it may be that you should not expect to qualify for an introductory rate.

Still, the burden is on the company to notify customers who won't qualify for the promotional rate; you cannot be expected to search the internet to confirm that you qualify for every price you see advertised. Unless the company gave you fair notice of what you were actually going to end up paying, it cannot charge you more than the advertised proce.

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Answered on 8/01/04, 4:40 pm


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