[net.legal] Want advice on this scam

wex@milano.UUCP (01/07/86)

I am curious what netters think about the legality of this scheme:

 - I have credit cards with institution X

 - In the inserts with one of my bills is an offer from a credit-card
   `protection' service.

 - In with their literature is a check for $20, made out to my name.

 - Upon reading their fine print, I find that if I cash this check, then
   (according to them) I have agreed to pay them $120 for a year of
   `protection'.  There's lots of legalese wrapped around this which basically
   says that my cashing the check is like my signing a contract and giving
   the terms of this `contract'.

Now, I never requested that these people send me anything, let alone a $20
check.  My question is this:  IS THIS LEGAL?  If I take their money (as I 
would keep the free merchandise from any other company) am I really obligated
to their `contract'?

--Alan Wexelblat
-- 
WEX@MCC.ARPA
...ut-sally!im4u!milano!wex

mpr@mb2c.UUCP (Mark Reina) (01/08/86)

> I am curious what netters think about the legality of this scheme:
>  - I have credit cards with institution X
>  - In the inserts with one of my bills is an offer from a credit-card
>    `protection' service.
>  - In with their literature is a check for $20, made out to my name.
>  - Upon reading their fine print, I find that if I cash this check, then
>    (according to them) I have agreed to pay them $120 for a year of
>    `protection'.  There's lots of legalese wrapped around this which basically
>    says that my cashing the check is like my signing a contract and giving
>    the terms of this `contract'.
> Now, I never requested that these people send me anything, let alone a $20
> check.  My question is this:  IS THIS LEGAL?  If I take their money (as I 
> would keep the free merchandise from any other company) am I really obligated
> to their `contract'?
> 
> --Alan Wexelblat

With the facts you present, no one can be 100% sure.  We would need to know
what the "legalese" actually says and how it applies in your state.  My best
guess, with what you have provided, is that cashing their check for $20 acts
either as acceptance of their offer or as an offer which is automatically
accepted by them, depending on the "legalese."

One last point:  Don't make the unsolicited mail laws bigger than they are.
 
 -- Mark Reina