Minneapolis, MN asked in Contracts, Business Law and Internet Law for Minnesota

Q: I signed a contract for web and AI services, and emailed to cancel less than 24 hrs later--no luck so far

The company (located in NY) initiated the sales call, after regular hours here in MN, high-pressure sales/FOMO, and I was talked into signing a contract (3/27/24 at 8:20pm CDT) and paying the first month's fee of $499. Great-sounding contract with 60-day, 10 new patient referral guarantee. I had "Buyer's Remorse" on the way home, contacted my CC issuer, explained the situation, told the CC issuer I wanted to cancel the contract, and to refuse the charge, I emailed the company telling them to cancel the very next morning (3/28/24 at 9:05am CDT). I have not used any of their services, and have requested cancellation of contract and refund of fee. Reiterated via phone call this morning (4/5/24 at 10:00am CDT). Email reply from the company (4/5/24 at 11:55am CDT) stated "Unfortunately, I'm unable to cancel the account presently, as our services haven't had the opportunity to demonstrate their effectiveness." . Company is insisting I use them 60 days at $399/month. What to do?

1 Lawyer Answer
James L. Arrasmith
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  • Consumer Law Lawyer
  • Sacramento, CA

A: Based on the information you've provided, here are some steps you can take to resolve this situation:

1. Review the contract: Carefully read the contract you signed to see if there are any clauses related to cancellation, refunds, or a cooling-off period.

2. Send a formal cancellation notice: Draft a formal letter or email stating your intention to cancel the contract, referencing your previous attempts to do so. Include the date and time of your original cancellation request and any relevant details from the contract that support your right to cancel. Send this notice via certified mail with a return receipt requested to ensure proof of delivery.

3. Follow up with your credit card issuer: Inform your credit card company about the situation and your attempts to cancel the contract. Provide them with copies of the contract, your cancellation notice, and any correspondence with the company. The credit card company may be able to assist you with disputing the charge.

4. Consider legal assistance: If the company continues to resist cancellation and refuses to refund your money, consider seeking legal advice from a consumer protection attorney or a local legal aid organization. They can help you understand your rights and explore further options.

5. File a complaint: If the company's practices seem unfair or deceptive, consider filing a complaint with the New York State Attorney General's Office, the Federal Trade Commission (FTC), and the Better Business Bureau (BBB).

Remember to keep detailed records of all communication with the company, including emails, phone calls, and any documents related to the contract and your cancellation attempts. These records will be essential if you need to take further action to resolve the dispute.

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