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Under CA contract law what are the elements for misrepresentation calculating damages for misrepresentation regarding contacts

San Francisco, CA |

I signed up for a service and when asking about the payment plans, they mentioned that their company would bill me monthly and would be able to pay in any form that I wanted in any amount. The sales representative filled out the paperwork and I signed on the dotted line. A week later, I receive a credit card in the mail saying I signed up with this company and the full amount was charged onto this card. At that moment, I felt I had been deceived by this company and the representative and no longer wanted the service, which was non-refundable.

Would this be considered misrepresentation by the sales person or is it my fault for not reading all the documents? Is there anything that I can do?

*Clarification: A week later, I received a credit card in the mail with a notice saying that I was signed up by the company. This credit card is affiliated with the company in that it is for healthcare services only and is not a direct company credit card.

Attorney Answers 1


  1. DISCLAIMER- THIS IS NOT INTENDED TO AND DOES NOT CONSTITUTE LEGAL ADVICE AND DOES NOT ESTABLISH AN ATTORNEY-CLIENT RELATIONSHIP. CONSULT QUALIFIED LEGAL COUNSEL IN YOUR CITY OR STATE FOR IMMEDIATE LEGAL ADVICE.

    Normally the written terms and conditions of this type of contract "control" the duties of the parties. Any oral statements made between you and the other person or company are not part of the agreement and are probably specifically excluded from the written agreement.

    Having said that, consumer rights in California are strong and if you were mislead or deceived into entering a written contract (as you indicate that you were), then you should contact the State of California and file a formal complaint (do a Google search for the type of business you contracted with together with "State of California"). You may also want to contact the local Better Business Bureau and file a formal complaint. I would also send a letter, certified mail return receipt requested, to the other party demanding that the contract be terminated immediately because of the fraud of their salesperson. Add a good lawyer into the mix (look for a lawyer in your city via the following sites: www.avvo.com www.martindale.com or contact your local Bar Association for a referral) and your problem can probably be solved.

    The above information is provided for discussion purposes only. Jackson & Wilson, Inc. and its attorneys believe in helping people and answering their questions and providing information and solutions. To encourage and facilitate this practice, it is understood and agreed by the recipient that by opening, reading and viewing this information, no attorney-client relationship has been discussed, agreed to or otherwise established. In legal matters, time is of the essence. As such, you should contact an experienced lawyer right away to protect your legal rights!

    Best Regards,

    Jon Mitchell "Mitch" Jackson
    Jackson & Wilson, Inc.
    An "AV" rated firm listed in Martindale-Hubbell's Bar Register of Preeminent Lawyers
    www.JacksonWilson.com

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