Legal Question in Consumer Law in Virginia

magazine subscription done over the phone

I just recently found out that my husband received a call from a telemarketer offering a deal if you order a lot of magazines. He gave his credit card number and chose what magazines he wanted. He now has come to his senses and wants this cancelled. We have yet to recieve any magazines this deal just went through a week ago. I called the company and said I would like to cancel the order. I was told I could listen to the recording of my husband ordering the magazines, and that I was not allowed to canel this order. I have no contract nothing in writing is there anyway my husband can get out of this contract?


Asked on 12/18/03, 8:37 pm

1 Answer from Attorneys
Daniel Hawes Hawes & Associates

Re: magazine subscription done over the phone

The heading I got in the message said that your difficulty related to Virginia law. I'd like to know why you think that's true. Assuming that it is, the answer to your question is, "yes." The Virginia Home Solicitation Sales Act states that if the buyer was located in a residence other than that of the seller at the time of the solicitation and the seller was someplace other than in his own residence, then the buyer is entitled to a written contract containing a three day rescission clause. The buyer has until midnight on the third day after having received a conforming written contract. If you never got a written contract that conforms to the VHSSA, the clock never started ticking on your right to cancel.

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Answered on 12/19/03, 6:05 pm


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