A Quebec Telemarketer Cold called my wife's business and stated that they were a certain company that was updating their 411 information and said the call was being taped for quality assuance then said is this your business name ______ _____ my wife said yes, is this you Business phone #___ ____ Yes is this you e-mail _______ yes. Are you the owner and the one that makes purchasing decisions ,Yes, Then went on to say that they could upgade the 411 service to 1 year priority for $699.00 and they would send the information to her e-mail, she asked if she can pay on the internet through Pay-pal etc. At this point she is thinking that she will get infomation to look at inregards to whether she would actualy make go ahead and make the purchase. At no time did she ever sign a contract and one was never produced from the company
Her business is in a small southern ontario town POP 30,000, We do all our advertizing locally and it serves her business needs.
We then get a email stating here is your billing invoice. I do all the accounting and told her that they are right now billing her for that upgrade. I phoned the company 7 days after receiving that bill and I said I was refusing to pay this bill (the Consumer protection act (cooling off period) says that any Consumer has 10 day to advise any company that the are cancelling their service without reason). They said I could not cancel as they are already providing the service. I argued that I would not pay the bill, this cost does not justify the return on investment in advertizing, I stated we recieve the same basic 411 info for free from 2 more well known companies, as well as Free web info that includes company info, picture and reviews for free on Yelp.ca. At the end of the phone call she said she would lower the price to a Not For Profit Company cutting the price to $350. I said I would still not pay that bill and refused to continue the call.
That evenning I receive another e-mail with another bill for 350 but only good for 21 days, I did not respond to that e-mail,
Then on Dec 1 I received another email with the original bill of $699 plus taxes and now includes interest, I did not respond to that e-mail.
In the New year the Company starts calling and leaving their # that I need to call them.
Before I called them I googled the business and found that there was A CTV station in BC that did a story on this company for exact billing over the phone practices, as well as other web sites with list of people complaining about the company and the exact people I am dealing with.
My Question is does the fact that I called before the end of the 10 day period for the Consumer Protection Act and stated that I would not be paying for this bill is that enough to keep this company from taking to to collections which they are saying the will if the bill is not payed for.
At This point I am standing my ground that I verbally canceled therir service (if you want to call it that) and was within my rights in regards to the Consumer Protection Act. Also they are actually in violation of the Act as they are still trying to bill us.
What are your thoughts
I know there are a lot of people out there that have had this problem with this company. as well from other companies that do this kind business.
Asked 4 months ago in Southern, Ontario
Categories:
Business Law
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Ontario lawyer
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Posted 4 months ago
Larry Crossan, BCom, JD, MBA
Certified Specialist (Corporate and Commercial Law)
P: 519.858.2222 | F: 519.858.2323
629 Wellington Street, London, ON N6A 3R8
www.lexcor.ca
Strictly Business®
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