Telemarketer calls says that they are confirming an existing directory listing for my business. I was to receive information and an invoice to either approve and pay or deny. Rec'd a second call saying she is confirming the first call, spoke slowly to get my name and address then so quickly I could not understand but assumed it was the same agreement as the first caller. Rec'd an invoice, no information for $409.95 for a 2 year listing service and CD!
My office manager checked-we never had a prior listing with this company. A 2 year contract by FTC Statute of Frauds and Oregon Revised Statutes requires a written contract. Sent back "Not interested" with delivery confirmation. Invoice dated November 21, 2003, I received December 10th! NO company information to contact before receipt of this invoice. January 27th, I receive a collection threat letter dated January 16th.
My office manager called only to be played portions of a conversation, no recording of the first conversation--she told them they were never going to get payment-we cancelled immediately as is our right-they could not provide proof that as they said that a directory was already published. Sent certified letter asking for copy of New York business licence, Federal Tax ID# which was not on the invoice, physical address and proof that they provide any service--nothing.
Searched to find no physical directory listing for this company with 25 miles of Champlain, reverse telephone indicates that the number is from a Canadian company, appears the owner listed with the BBB has an Ontario Canada home listing. Upper State New York BBB has over 80 complaints since November 2003. Everyone should file complaints with the Upper State New York BBB, New York Attorney General, FCC, FTC, US Postal Inspector for mail fraud, Canadian Competition Bureau and consult with your attorney.
Now this company is sending me invoices with interest and threats of collections! This company misrepresented their prior business dealings, only want your money no proof of any business service--it's a bogus deal. They took advantage of the time period when the National DO-NOT-Call registry took over from the states which meant re-registering and 3 months of receiving telemarketing calls. Their amount of services is just under the required $500 for also FTC Statute of Frauds requiring written contracts--their mistake is that they are wanting a 2 year contract for their services on their invoice--Federal violation of trade practices.
They should be fined by New York Law $11,000 for each fraudulent representation on the telephone if anyone wants to take them to court-but who can find them? They skirt around telemarketing rules by calling themselves a directory company--
Someone needs to shut this bogus company down now--cut off their P.O. Box in the states!
Scott
Scappoose, Oregon
U.S.A.
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