Express Information Systems called my son on his cell phone and talked him into subscribing to six (6) different magazines, telling him he would have a thirty (30) day free trial period to review these magazines. When he received their thank you letter listing the magazines and how the payments were going to be billed to his credit card in the amount of $24.95 for the next fifteen (15) months starting on August 1.
In reading the letter it states in the third paragraph about when he would receive the first issues of these magazines. It states: " If your subscription is new, it may take the publishers 30 to 120 days to begin your service depending on whether the magazine is weekly, monthly, or bimonthly." So how is he expected to review these magazines when he isn't even going to receive them before the 30 day free trial is over.
At the bottom of the thank you letter was the cancellation policy. This policy stated: " You may cancel this transaction without penalty or obligation, no later than three (3) business days after receiving this Agreement." The rest of policy went on to list different states and their cancellations policies. My son received this letter on August 6 and I sent the cancellation notice out for him on August 7 by Certified Mail with Return Receipt Requested.
When he received the receipt back that they received his cancellation it was signed for on August 16. It took them over a week to retrieve mail from their post office box, which we feel is inappropriate and therefore giving them the right to say that they didn't receive the cancellation in the allotted time frame.
They have since debited my son's checking account since his credit card was his ATM card that has the Visa logo on it, in the amount of $24.95 for the first installment. It also states at the bottom of their cancellation policy that all payments will be refunded upon receipt of the cancellation notice. They have since notified my son on his cell phone that they are not releasing him from his contract saying that they did not receive his cancellation notice in time.
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