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I've been scammed, and I'm hoping their contract is invalid

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G

Grady

Guest
I recently got suckered into one of those "we'll give youa free Bahamas vacation" sales pitches and bought a $400 package that the company was promoting. The company is Sundance Travel in CT, and the parent company is Travel Advantage Network out od MD. Besides the fact that I haven't received the free Bahamas trip or the $400 in free travel vouchers I was promised, and that the "rist-calss resorts" are actually run-down motels, I'm hoping there are some areas in which they're legally wrong. They keep trying to tell me that I had 3 days to get a refund and that it's Connecticut state law (not true, as far as I can tell).

The contract clearly states at the top "This document is to be completed and signed by the traveler." However the salesperson completed the entire form (had to write yes/no next to a bunch of questions). In addition, there is a section where the salesperson is supposed to write the numbers of our travel vouchers--she did not do this, saying "I'll fill it in later." We were also hurried along in signing it--if I asked questions about things, she'd say "just sign it--we can do that later", etc.

I have other issues which I've taken to the BBB as well--I was told I could request any resort, but in reality I can only request a general area and must take whatever resort I'm assigned to (or lose my $90/request fee). But since they've told me "You can't get a refund--you signed the contract," I'm hoping the contract isn't valid. If not, what should I do? I really want my $400 back--it's a lot of money to me, but it's more principle at this point--I'm never going to use the membership. I can't hire a lawyer (that would cost more than the $400), so what should I do?

Thanks for your help.
 


ALawyer

Senior Member
You are right -- you were a sucker and fell for the high pressure sales techniques. Write to the State Attorney General and the Federal Trade Commission. Stop payment on the check or protest the credit card bill. Sue them in Small cClaims court if it will make you feel better. But I am afraid you made a stupid mistake and will have to be grateful it was not more that $400, as only a Class Action against the scammers is effective, and few lawyers would be willing to bring a class action on the "come" as the scammers usually close shop and open under a new name.

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This is intended as general information only and NOT LEGAL ADVICE. You are not my client, and I have no obligation of any kind to you. To retain a lawyer, go to http://AttorneyPages.com
 
G

Grady

Guest
I've now filed complaints with the FTC, Attorney General's Office, and Better Business Bureau. But I'm thinking of trying to take them to small calims court and representing myself. Does anyone ever have success with this? I guess I'm jaded by the movies thinking I need a high-priced lawyer (though you lawyers out there might agree). If I were to do this, how would I start researching my "case," I assume I'd have to prove that they preached the contract or that it wasn't valid, right? Do any states have laws similar to "lemon laws" for Consumer Protection? Or where would I look to find these laws? Any suggestions would be really appreciated...
 
D

depeche

Guest
Here is a very general roadmap of some arguments you can make. You can take 2 general routes:
1) The contract is unenforceable, and
2) They breached the contract.
Feel free to argue both in the alternative.
Under (1), you can argue: fraud/misrepresentation, unconscienability, lack of mutual assent, duress, mistake of fact (and probably others I am forgetting). You would need to plead facts that satisfy each element of each defense. That would take a bit of research of state law. Good luck.
 

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