Military Cancellation Law?
I may be late but I have heard recently that a new law was passed about any military person/family being able to cancel anything without penalty. I was wondering if this is true because I am stuck in a four year contract with a company called US Magazine Services (which I believe is a scam). They told me I was contestant for a milion dollar drawing and a free diamond watch plus four magazine subscriptions if I paid for two of those subscriptions. I agreed and gave them my credit card info. When they called back a couple minutes later to verify my credit card and informed me of the price of 49.81 a month for 16 months (totaling at least $800), I told them I wanted to cancel. But they said they had already prepaid the magazine and the only way they made their money was for me to pay. I could not cancel. Without any other option and being my first time dealing with scammers, I gave in and agreed to pay in a voice recording. What should I do now? They are threatning to ruin my credit.
Answers:
Bad news: There is no such law.
Good news: Existing law provides you with an out.
The rule for contracts is that oral contracts are binding, but if the contract cannot be completed within one year, it must be in writing and signed. A voice recording is no substitute for your signature.
Another fact in your favor is that they didn't disclose the price of the subscriptions to you.
I do not understand why your credit card company isn't cooperating with you. Make sure you file a written complaint, and emphasize that you did not agree to that amount.
You should also send a written letter to the company telling them that you did not agree to that price and that the contract is unenforceable. Tell them that you will monitor your credit file, and that if they report you as delinquent or turn your account over to a bill collection, you will sue them for fraud and defamation. Send it certified w/return receipt.
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If you want to learn more about when a contract must be in writing in order to be enforceable, do a search for "statute of frauds".
I forgot about another contract rule. Sales of goods for more than $500 must be in writing.
You must contest charges with your credit card company IN WRITING within 60 days of the bill.
I think you might be referring to the Soldiers and Sailors Relief Act, which provides protection on outstanding credit card debt, mortages and leases, taxes, trials, etc.
http://www.military.com/benefits/legal-m...
The credit provisions limit the interest rate that can be charged, and only applies to debt incurred before military service.
Call your credit card company and cancel the account and open a new one. Doesn't matter if you are military or not. There is a 1-800 or 1-866 number on the back of your card.
There's a couple of different routes you can go.
First off, was this deal agreed to before or after you signed up for the Military? Are you deployed? If either of these two questions are true, then look into the Soldiers and Sailors Relief Act. That might provide some more information.
Also, if you visited their web site and see a lot of other complaints similar to yours, take this case to your Jag office and show it to them. If you're in the Army, try ACS (Army Community Services). They can write up paperwork and pull some strings to help you out of this situation. Whether it's causing you a financial hardship or it does turn out to be a scam. The government doesn't tolerate predatory businesses, especially when it affects Servicemembers.
Good luck.
It`s called the Service Member`s Civil Relief Act. Yes you can break any contract if you are deployed, end up getting stationed overseas, or if you are a reservist called to active duty.
For more details go to your base legal office.
You should just mail that creditor a copy of your orders.
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