if informed consent is never given can someone then agree to pay?
my friend got caught in a scam. he took an internet survey on his favorite magazines that automatically signed him up for 5 of them without him knowing this. He sent them back when he started to receive them and after a month of fighting was told he had to pay or the account would be sent to collections. Out of desperation not to damage his credit he agreed to pay. Can that agreement be honored if he never gave informed consent for the product in the first place and has never taken receipt?
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By agreeing to pay, the point is moot. As for not giving informed consent, it is usually buried in the fine print of the privacy statement or what not, and by checking the “I agree” box a person has given informed consent whether they actually read it or not.
A person also has three business days by law to back out of any contractual arrangement. It only requires a letter to the organization(s) involved.
1. This was NOT a scam. The terms were SPELLED OUT on the ’survey’ site. The fact your friend failed to READ them is legally irrelevant.
2. Even if informed consent was not given initially, it WAS given when he agreed to pay to avoid collections.
Short form: He has NO CASE.
James K is mistaken about the 3 day ‘cooling off’ period. It was intended for door to door sales and ONLY applies when the merchant goes to the buyer. It has NEVER applied when the buyer goes to the seller, which happened in this case.
There is a lot of this sort of thing happening.
Personally in his position, I would have said, send it to the president if that makes you feel good.
Maybe he should have asked to see just where he gave consent?
He could have said, if you can show me where I signed to agree to this then I will pay.
You see, anyone could be filling out any survey or give consent to anyone for anything when on line. The service provided is the one who has to prove this person is their customer.
You may ask, just how powerful is this signing for an item.
I knew one guy who brought fuel for his truck, the service station person stuffed up on two counts.
He charged $800 instead of $80 and he handed back the docket where the customer signed.
A few months later when the fuel account came in he was speechless as his truck simply cant hold $800 worth of fuel. Going back through his receipts he found the docket.
His reply to the bank was simple. I did not buy $800 worth of fuel. Show me a docket where I signed for it and I will pay. Sneaky move as he knew they did not have it as he did.
My point is.
In the end they have to prove the claim.
The old “send it to the collectors” is intimidation by them as they knew their claim was flawed. Remember, “the collectors” are not government agents, not the Police or say maybe the FBI or the Tax office. The collectors are nothing more than a private business. Their business is to intimidate people into paying.
Your friend should have challenged them yet upon paying he has agreed with them.