Doucet & Associates Co., L.P.A. filed a lawsuit against a car dealership for allegedly selling a car with a different engine to our client without telling him. The dealership allegedly lied about the warranty the car was under too.
Door to Door Solicitations
A company selling goods or services to a consumer outside the company’s regular place of business and inside a buyer’s home is considered a home solicitation sale. In Ohio, there are laws to protect consumers involved in these types of business transactions which could result in damages for buyers and penalties for a company if it fails to comply. These laws include details about information the consumer must be provided with, the right to canceling a purchase and misrepresentation.
A company must provide their business’s name and address when contracting a sale solicited in a consumers home. The contract must also include information regarding the language used to make the sale and provide a copy of the contract to the buyer. This contract should include the buyers signature, the date the agreement was made and two copies of the notice of the buyer’s right to cancel the purchase. In Ohio specifically, the buyer is granted a three day right to cancel. The seller must orally notify the buyer of their right to cancel a purchase and refund all payments within 10 business days of cancellation. Also, services may be withheld until after the cooling off period has expired.
Misrepresenting the goods or services being sold by the seller is also an important concept of the buyer’s rights. The seller must make it clear that their intention is to make a sale. There cannot give any false or misleading information including that the buyer has been specially selected to receive a bargain, won a contest, or that the product cannot be sold in stores. Declaring there is no right to cancel is also an illegal and they cannot take on the authority to negotiate the final terms of the sale.
Doucet & Associates Co. L.P.A. in Ohio helps enforce rights regarding home solicitation sales. Please contact us today if you or someone you know needs help.
Firm Sues DVD Lecture Company for Advertising Practices
Doucet & Associates Co. LPA, a law firm dedicated to helping consumers and those facing financial difficulty, filed a class lawsuit against The Teaching Company for violating the Ohio Consumer Sales Practices Act (CSPA) by practicing deceptive price advertising.
The Teaching Company, based in Chantily, Va., operates as The Great Courses, an online mail-order retailer selling DVDs or CDs recordings of lectures by university professors and high schools teachers. Doucet & Associates has filed on behalf of the plaintiff, as well as all other consumers in Ohio – expected to number in the thousands – who have done business with The Great Courses. Advertisements on their website, the Wall Street Journal, Vanity Fair magazine, and mailed catalogs claim that The Great Courses offers its products at a substantial discount for a limited time. However, the lawsuit alleges many of these advertisements do not feature an actual “regular” price. It further alleges when a “regular” price is quoted in the advertisement, it is an amount that is not made available to consumers. The lawsuit argues that The Great Courses has been selling its products at a “discount” that doesn’t actually exist, and the alleged “sales” it offers do not actually end, making the products always on “sale.”
The CSPA explicitly prohibits a company from falsely advertising that a price advantages exists, as does the Federal Trade Commission (FTC) Guides Against Deceptive Pricing. The class action suit is seeking injunctive relief to prohibit The Great Courses from continuing its advertising practices in Ohio. In addition, the firm is seeking money damages for each of the consumers affected.
Doucet & Associates is dedicated to fighting for the rights of consumers, protecting their interests and offering legal assistance to those who would otherwise be unable to afford it. If you feel that a company is taking advantage of consumers, the law firm welcomes your call at (614) 944-5219.