Legal Question in Consumer Law in Minnesota

Paying for an item that we did not expressly order

We were delivered a directory and charged $400.00. We never ordered it. The vendor has a recorded phone conversation that implies that we ordered it. But we never recieved any confirmation nor did we sign or request in writting. We heard the recording (we don't remember it) and it was obvious to us that we did not understand the intention of the call. No written confirmation was given to us.

Other information:

The terms of service appears to be listing of our business in a printed and web base directory for 2 yrs

The orginal company that contacted us was purchased by another company.

The recording of the conversation was difficult to make out- there was distortion and fading in and out we did clearly hear my wife say yes and the fee was mentioned, but we had difficulty understanding what the services and terms were for from that recording.

Asked on 11/10/06, 6:27 pm

2 Answers from Attorneys

Christopher Gonko Scrimshire, Martineau, Gonko & Vavreck, PLLC

Re: Paying for an item that we did not expressly order

There are a variety of avenues you could take to rectify this situation, from reporting to the Minnesota Attorney General's office, to direct action against the vendor in civil court. It is difficult to recommend a specific course of action without knowing exactly the course of events that led up to the purchase. There are also timing considerations. Many legal remedies have specific time periods in which you need to act, or you may lose the right to an equitable remedy in court. Whether you contact my office or any other, I would urge you to contact an attorney immediately.

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Answered on 11/13/06, 10:41 am
H.M. Torrey The Law Offices of H.M. Torrey

Re: Paying for an item that we did not expressly order

No, if you did not expressly understand the nature of the call or alleged acceptance of that offer therein, you are not liable for the alleged fees incurred. You should definitely retain legal counsel to put an end to this nonsense ASAP.

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Answered on 11/11/06, 4:25 am

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