What can I do if a business is not returning my calls or Emails regarding a refund I am entitled to?

Asked about 3 years ago - Lake Oswego, OR

I got suckered into this magazine subscription from a couple of kids who came to my door. After they left, later that day something came up financially and I needed to cancel my subscription, so I followed the instructions regarding their cancellation policy. I not only mailed the form, but also a letter along with it explaining the situation in more detail, and left them my phone number. I heard nothing, and no money came out of my account (I paid the kids with a check). Well, 3 weeks went by and they took the money from my bank account, clearly after they recieved my cancellation form since I know it doesn't take more than 3 weeks to get a piece of mail from Oregon to Georgia. Well now I am trying to obtain a refund from them and they are not complying. What can I do?

Attorney answers (2)

  1. Robert J Harris

    Pro

    Contributor Level 14

    1

    Lawyer agrees

    Answered . There is a State and Federal 3 day right to rescind any door to door sale. Those statutes carry financial penalties and attorney fees.

    So, assuming you can document that you followed the rules on notice of your right to rescind, it appears you may have a cause of action against this company. I agree with the answer above that you should contact the Oregon and Georgia Attorney Generals consumer fraud division. I would also advise you to contact a consumer law attorney. If this company violated state and federal laws on rescission rights, then you may be able to get an attorney to take your case with no retainer. Of course, the attorney would also have to be confident that this company is legitimate. That is, they will agree to pay for their violation. If it is a company that opens and shuts every six months after accumulating a lot of consumer complaints, then they will never pay a judgement and you could be wasting your time with a lawsuit.

    Below is a link that gives you more information about your right to rescind.

  2. Robert Adam Meyers

    Contributor Level 11

    Answered . Those magazine saleskids are everywhere....

    You could pursue legal recourse through small claims court. Of course, you need to ask yourself whether it's worth the the time and expense to pursue small-claims litigation when considering the amount of the refund you're seeking.

    Another angle would be to submit a complaint to the consumer protection division of the Oregon and Georgia Attorney General offices. They'd then send a letter to the business and request a response. Ultimately, if the business doesn't respond, the AGs' offices might just give up and leave it alone. But, at a minimum, you'd be putting those offices on notice of potential misconduct. Then, if they later receive complaints from others, they might thereafter take action against the company. And of course, a letter from the AGs' offices might get the company's attention and nudge it to give you a refund.

    Best of luck.

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