magazine scam

[cbzdel]

a while back my wife got a magazine and dvd in the mail from Prevention magazine and a bill for twenty something dollars. She then tried to call them a few times to say she never ordered it a few times but never was able to talk to a human. So we packaged up the invoice with a letter saying we didnt order anything so your not getting any more. She just got a "final invoice" in the mail today. Saying it will go to collections if not paid.

How can it go to collections if all they have is out address?? Its not even addressed to my wifes correct name its to her maiden name. The invoice also has the email address that the order came from and its an email we have never herd of.

Any ideas what to do? I am not paying this bill, but I dont want to end up in collections (if at all possible)

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[elsie]

ORS 98.450

UNORDERED GOODS



98.450 Unordered goods presumed gifts. (1) If a person mails or sends goods, newspapers or periodicals of a value of less than $20 to a person in this state without first receiving an order for such items, the items are conclusively presumed to be a gift and no obligation shall accrue against the recipient.

(2) If a person deliberately and intentionally mails or sends goods, newspapers, or periodicals of a value in excess of $20 to a person in this state without first receiving an order for such items, the items are presumed to be a gift. [1969 c.354 §1]

Send a letter (maybe certified with return receipt) and a copy to the Oregon Attn Gen (make sure the indicate on the letter that the Attn Gen is getting a copy) and cite this.

This is a fairly old scam, which is why the law exists.

There are also federal laws against it. It falls under the Federal Trade Commission and you could send them a copy of the letter as well.


elsie

 

[marty8587]

Good info!

 

[TAT2D]

aShe just got a "final invoice" in the mail today. Saying it will go to collections if not paid.

Also, note that it's not going to go to 'collections' since no collection agency would touch it for a share of $20 or whatever the invoice total is. It's not worth so much as their picking up the phone to call you.

My wife does A/R and works with collection agencies from time to time. My impression from talking with her is that they might take on something as low as the few hundred dollar range depending on the likelihood they'll actually be able to collect when the seller hasn't and the share they're working for, and then only as a favor to a customer they hope to do repeat business with.

Also note, if they say "It's been turned over to collections," and then a few days later they're calling you again, it's a sure sign they lied, since one of the cardinal rules is that once the seller does turn something over to collections they get out of the loop and stay out.

MrB