Buyer Beware - unscrupulous business practices
I received a call from a Movie Facts sales person stating they were given my name and number from a local chamber of commerce. I purchased an ad although I had not seen the finished product, knowing I could cancel shortly if I chose to.
The next day, I went by a local movie theater and saw the advertising product and was not satisfied with the offering. So I was pleased when I received a call from my sales person, making another offer, and told her I wanted to cancel my ad contract. She said ok, as thought it would be canceled. You can imagine how surprised I was when I received an invoice 30 days later.
When I call the company, I was given the run around about how the sales person did not have the authority to cancel my order and should have called someone else. This “routine” tells me they are used to handling issues and therefore do not offer a product that can stand up to close inspection. Otherwise, they would be just as willing to cancel within 24 hours of the initial agreement.
I’m not sure the company practices fit the legal definition of “scam” but they do fit my definition of suspected business practices. Therefore, I offer other prospective customers the wise words of “buyer beware.”
As for now, I have been threated to be reported to a collection agency and their legal department. I wonder what will happen when they find out the sales person called me back and did not pass along my cancelation request, especially as it was made within 24 hours of the agreement. Stay tuned for details.
GSF
Piney Flats,#2Consumer Comment
Sun, March 23, 2014
This is such a typical tactic by these guys. But you do have recourse here. What you want to do is raise the stakes on this company so that they know that they have skin in this game. You should send them a certified, return receipt requested letter detailing the history, and demand that agree to your termination and write off any amounts they think you owe within a short specified period of time. Inform them that if your demand is not timely complied with, you will have no choice but to file a suit against them for your damages. BUT be sure to specifically mention that you will be filing this claim not only as a breach of contract case, but also as fraud and deceptive trade practice causes of action, which will entitle you not only to your damages, but also an additional amount equal to multiple times your actual damages as punitive damages. Also, let them know you will be contacting the State Attorney General's office to file a formal complaint. That should provide plenty of incentive to comply with your demands; but, if it does not, file your suit. Even if you have to file the suit, that's likely all you will need do. In my experience, they will settle this without a hearing rather than risk punitive damages and the fraud and/or deceptive trade practice judgments.