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- Path: sparky!uunet!dtix!darwin.sura.net!seismo!cooper
- From: cooper@seismo.CSS.GOV (Dale Cooper)
- Newsgroups: misc.consumers
- Subject: Re: DISPUTE OVER A BILL WITH SAN FRANCISCO EXAMINER!
- Message-ID: <51771@seismo.CSS.GOV>
- Date: 6 Jan 93 15:33:22 GMT
- References: <1id7m9INNa4t@morrow.stanford.edu>
- Sender: usenet@seismo.CSS.GOV
- Organization: Center for Seismic Studies, Arlington, VA
- Lines: 90
- Nntp-Posting-Host: beno.css.gov
-
- In article <1id7m9INNa4t@morrow.stanford.edu> felipe@pangea.Stanford.EDU (Felipe Guardiano) writes:
- >Here is the story of my feud with the newspaper San Francisco Examiner:
- >
- > Last summer, I got a call from the marketing people at San Francisco
- >Examiner offering me an 8 week subscription for their newspaper, which
- >I accepted. I received a bill a few days later which I paid in full
-
- Did they also mention that if you were not satisfied that they would stop
- service and offer your money back or something like that? If they did, this
- wording essentially states that as long as you are a happy camper, the
- subscription will automatically be renewed until the paper is notified of
- your desire to stop the subscription.
-
- [stuff deleted]
-
- > To me their billing strategy sounds very much like a scam.
- >Since the customer has to call in for them to consider the subscription
- >canceled, they are in fact relying on those that forget to do it
- >to keep up their subscription rate.
-
- This is your opinion not fact. In order for any contract to be completed
- both parties must agree. Thus far you have agreed to accept the terms of the
- contract and the paper (based on your acceptance of the terms of the contract)
- has agreed to provide to you its product. Their subscription base is built
- on the fulfillment of thousands of contracts.
-
- >It sounds even stranger when we
- >take into account the fact that no respectable circulation business
- >uses this type of marketing strategy.
-
- Sorry to say but to the best of my knowledge both major Washington DC
- newspapers (Washington Post and Washington Times) operate in the same manner.
- After buying a place outside of town a couple of years ago, I was blessed
- with receiving both papers every morning without my say. Not only that but I
- received bills from both carriers addressed to the previous residents. To make
- a long story short, after several weeks of this nonesense, I contacted both
- papers and informed them that the previous residents had moved and that they
- should cease delivery. Anyhow, they thanked me for notifying them of the
- change in residence and the delivery stopped. (Thank God, I don't live in CA,
- I'm sure they would have found a way to make me responsible for the balance
- due ;) ...but that's beside the point).
-
- > The $40 are not a big deal to me but I am seriously considering
- >not paying it. However, I would like to know if I am legally bound
- >to an agreement that I thought I had broken by NOT renewing my
- ^^^^^^^
- >subscription. Obviously, the San Francisco Examiner has lawyers working
- >for them that had some say when they decided on this marketing
- >strategy.
-
- You are basing your entire argument on the fact that that the paper should
- assume that you do not wish to continue your subscription because you have
- chosen not to pay. Arguments based on assumptions usually do not fare well
- in court. It is apparent to me that you entered an open-ended agreement whereas
- you accepted the terms of an agreement - an indefinite subscription to the
- newspaper (I am suspect of your phrasing above "an 8 week subscription"). In
- just about all of my dealings with newspapers, such an pronouncement is
- typically proposed as an 8 week introductory offer and not a true subscription
- a la magazines which are typically provided for a given period of time and paid
- for in full at or shortly after the inception of the subscription.
-
- I am afraid that you are more than likely obligated to pay for what you have
- received. I believe that the paper's argument that magazine subscriptions are
- different is correct. When you subscribe to a magazine, you pay up front for
- what you get. It's like paying before you pump. You tell the guy how much
- gas you want and the transaction is finalized when that amount of gas has been
- pumped (since you've already paid). On the other hand, when you pump first,
- you have accepted the terms of an OFFER to buy gas at a certain rate. The
- transfer of the product is completed when YOU have decided how much gas you
- need, not when the station owner says so. Realistically, you can pump gas until
- the station is knee deep in unleaded. You fulfill the terms of the contract by
- shutting off the pump and paying the amount due. In your case you have placed
- the responsiblity of knowing how much gas you want on the station owner. It
- would be very costly and time consuming for him to guess how much gas that you
- need.
-
- > I called consumer information hotline but the line is always
- >busy. So I thought I would ask the wise people of the net for their
- >valuable input. Thanks in advance.
-
- I'm no lawyer but this is just my $0.02.
-
- >
- >
- > Felipe Guardiano
- > felipe@pangea.stanford.edu
- >
- >Disclaimer: Stanford has nothing to do with it.
-
- I know. It's Bush's fault!
-