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Article #5041

Re: DISPUTE OVER A BILL WITH SAN FRANCISCO EXAMINER!

#5041
From: Dale Cooper
Date: Fri, 08 Jan 1993 20:39
38 lines
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In article <prk.726482825@polaris> prk@planet.bt.co.uk (Peter Knight) writes:

>I have been reading this thread with incredulity:
>
>More civilised countries, eg the UK, have laws about unsolicited goods,
>ie products you didn't order and so have no contract with the supplier.

Not meant as a flame but I think you missed something.  We, (the US - another
semi-civilised country ;) ) to the best of my knowledge, have similar laws. The 
key thing that I think you are missing here is that this was NOT an unsolicited
offer.

The gentleman received an offer from the paper, he accepted the terms of "the
contract" (an open-ended subscription) and is now arguing that the newspaper 
is requesting payment for something that he did not request, therefore he is
not obligated to pay the balance due.

This is not, in any terms, an unsolicited offer as you have indicated.

The confusion lies in whether or not it is the responsibility of the newspaper 
to _assume_ that the subscriber wishes to end the subscription (terminate the 
contract) for whatever reason simply because he has elected to stop paying 
the balance due.

>Basically, if anyone does send you things you didn't want, then 
>
>1	You don't have to pay for them;
>
>2	You don't have to pay for them to be sent back;
>
>3	You may dispose of them after a reasonable time.

Sounds reasonable to me.

>The only obligation is that, if the supplier does request his goods
>back within a reasonable time, you should make them available to him.

>Peter Knight
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Path: arc1-ca.pugleaf.net!sparky!uunet!gatech!paladin.american.edu!darwin.sura.net!seismo!cooper
References: <MCGRANT.93Jan5224235@rascals.stanford.edu> <1993Jan7.012652.8731@ads.com> <prk.726482825@polaris>

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Path: arc1-ca.pugleaf.net!sparky!uunet!gatech!paladin.american.edu!darwin.sura.net!seismo!cooper
From: cooper@seismo.CSS.GOV (Dale Cooper)
Newsgroups: misc.consumers
Subject: Re: DISPUTE OVER A BILL WITH SAN FRANCISCO EXAMINER!
Message-ID: <51795@seismo.CSS.GOV>
Date: 8 Jan 93 20:39:16 GMT
References: <MCGRANT.93Jan5224235@rascals.stanford.edu> <1993Jan7.012652.8731@ads.com> <prk.726482825@polaris>
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