What course of legal action do I have against a magazine subscription scam?

UPDATED: Sep 20, 2010

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What course of legal action do I have against a magazine subscription scam?

I am a victim of a magazine subscription scam. They called asking how satisfied I am with their service. I claimed I had not signed up for their magazine service but they came back with all my information claiming I had signed up for a 3 year terms and that I can reduce down to a 12 month term. I, confused as I was, went through a questionnaire, where unfortunately they recorded saying that I agree to the 1 year term. It wasn’t until they mentioned a false credit card number that I realized it was a scam and hung up. Now I have received a bill. I have not received any magazines as of yet.

Asked on September 20, 2010 under General Practice, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

1) If they committed fraud, any contract or agreement would be one that you could rescind (cancel as if it never happened) at will. Of course, if they will not accept your recession and try to collect, you may end up in litigation to prove your case.

2) Even if it wasn't fraud at the outset, if they are not providing you what you allegedly paid for, that would be breach of contract (and again, possibly fraud if they intended to never provide it). As with the above, it's possible  that if they try to push the matter, you might need to defend yourself from collections efforts or a suit.

3) You could report a fraud to law enforcement--maybe the state  AG's office (they'd be a good one to contact anyway, to ask which agency would be relevant--e.g. maybe consumer protection?)

You can try to work this out on your own, though if you believe it was a scam, you should definitely contact law enforcement. However, at some point, if the company tries to really push matters, you need to weigh how much they want vs. the cost of fighting it.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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