Lumberton, NC asked in Consumer Law and Collections for Virginia

Q: salemans modified cancelled contract, forged name, then file with collections agency..what options to stop collections

A salesman came to my son's home Nov 29th, demonstrated vacuum cleaner. Purchased, signed contract...had 3 days to cancel contract. Dec 1st he cancelled contract, salesman came picked up vacuum and took all paperwork including his copy of the contract stating he didn't need it anymore. Feb...received call from collections agency to pay bill for vacuum. Explain the situation, they asked him to call the company. Called the company several times, no answer..left messages never got call back. Collections agency stated the company says they never picked up the vacuum and the contract is valid not cancelled. Collections agency stated since he doesn't have any proof he had to pay the bill, even though it was being disputing.

Collection agency sent him a copy of the contract they had on file, it is not my son's signature and there are other discrepancies. I had my son file a complaint with BBB and the Attorney General Office of VA. Does he have any additional options?

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1 Lawyer Answer
Maria T Patente
Maria T Patente pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Manassas, VA
  • Licensed in Virginia

A: Yes, your son could pursue a private right of action under the Virginia Consumer Protection Act. In these cases, any intentional or willful actions that violate the act enable the Plaintiff to recover treble (triple) the damages and attorney fees. The Virginia Consumer Protection Act creates a cause of action for forgery and fraud, among many others. Issues about evidence would likely be the most complicated aspect of developing the case.

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