Question about validity of OC's claims

[Anonymous]

Hello!

First I wanna say thanks to everybody who provides the valuable information I've read on these forums; I've been a long-time lurker, and this is my first post.

My question is this:

I live in AZ, and I was recently duped into some "auto savings plan" with one of the local car shops around here by a very pushy door-to-door sign-up guy. My idiocy, to be sure, giving him my card info; no dispute on that. My problem is that I had wanted to cancel this "Super saver card" that this company, Top Gun Promotions, gave to me through this annoying door-to-door fellow. I called about a week later and was told I could not cancel, that the "3 day cancellation policy" had expired. I said "Well, I don't want this service" and they said if I do not pay on the draft date I had set (Sep. 15), I would be liable for the amount I agreed to pay (85 or something) plus a 25 returned check fee and I would be put into collections.

Well, as they wouldn't budge I had my card frozen for them and they didn't get the money. Sure enough, I get a nasty letter with typical threats; "we will report you to the county attorney, put you into collections" et cetera. I still have the "super saver card," clearly unused and returnable; the "card" itself just looks like a regular advert with coupons on it, so I don't think they have any record of it (i.e. whether I've used it or not) but I figure if I just send it back intact via certified mail or something they can't deny I didn't use it.

I don't know; I know all this seems pretty stupid, but I'm really scared they're going to try to report this on my credit. I'd just like to know if that, given the circumstances of not having used their "card," if they have no leverage in that department, or if because I signed that I agreed to pay they do (have leverage).

Sorry so long, thanks for any replies (even ones calling me an idiot! :] )

[IOBA]

There is usually a 3 day cancel period, especially if you purchased something in your home.

How soon after you purchased the coupon book did you call to cancel?  Was the product misrepresented?

I'd send them a letter, sent CMRR, which documents that you DID call to cancel and you do not appreciate their harrassment.  Include dates of purchsae and dates of canceling.   Include any details, such as anythign that might have been misrepresented.   Include the coupon book.  Obviously, if you do not have it, you can not use it.

You can also send them a cease and desist letter.

Depending on state law, the company may be able to pursue this matter forever and forever, to include court action.

If you are stead fast against paying for it, send it back.

[Anonymous]

I called about a week after to cancel it; I only noticed the "3 day cancellation period" after the lady on the other end mentioned it and then I saw it on the card. According to what I found for Arizona, the "3 day cooling off" law applies for this state, and looking at the FTC website it says I have 60 days to dispute from the first bill. It also says:

"If you received any goods from the seller, you must make them available to the seller in as good condition as when you received them. If you do not make the items available to the seller - or if you agree to return the items but fail to - you remain obligated under the contract."

So, like you said and I originally intended, I will be sending the coupon book back intact CMRR and I guess I'll contact AZ consumer protection agency(ies?) to see what I can do about this since my "cooling off" 3-day period has long expired.