My son was in the Sound and Spirit music club. He told them online that he did not want the monthly selection. They sent him 3 CD's anyway, which he did not order. The normal monthly selection would be 1 CD. He called them and they they would send labels to ship them back. He sent them a letter through Planetfeedback, they finally sent 2 labels, much later than they said they would. He used them to return 2 of the CD's. He had never opened the package. He called them again, and emailed twice, he never received the 3rd label. They continued to charge him monthly late fees during this time.He has the emails and the PFB letter with the reply from them. They never removed the charges for the 2 he returned. He had told them that if they removed the charges for the 2 he returned and sent a 3rd label, he would return the third CD and the account would be even. He is now receiving collection notices from North Shore Agency. The 3rd CD is still sitting here unopened. Should I proceed with this by sending a cease and desist letter? Can they collect from a minor? Thanks!
NO, they can't. I don't think you need to worry, this collection agency pretty much only collects for this kind of club, magazine subscriptions, etc. As to whether he should send validation letter, I don't see how it could hurt. I think it would be better if you sent them a letter telling them he is a minor, what happened, and that you intend to file a complaint with your state's AG against Sound and Spirit and North Shore Agency, if they don't immediately cease all collection efforts, take all charges off the account and close it immediately. Give them the usual 30 days, and wait for their response. I bet they will do what you tell them. These clubs sell a lot of stuff to teenagers, they know the risks they take when they do it, and they don't want anybody interfering with them because they make too much money doing it.
There is ABSOLUTELY MOTHING that the agancy can do to or against a MINOR. If they put it on his or her credit report, tell them you will sue them and handle this matter the same as all others.... It is that simple. WestCap Expert Link http://www.allexperts.com/displayexpert.asp?Expert=38419
I know that I have had problems with these clubs where they will send you something that you didn't order or specifically opted out of. When I get something like that, I put return to sender and pop it back in the mail. I have had one company send me a letter saying that if I didn't want the selection, why didn't I opt out of it. Everyone, the next time that happens, don't open it and put return to sender at no cost in postage to yourself.
For a contract to be valid, both parties must be at least 18 years old. Any "agreement" this company made with your son is not legal, and therefore not enforceable.
Thank you for your answers. He is very upset about it, especially since he did not order the CD's and he tried to get them to correct the account. I am going to have him read all your answers. This will be a good lesson for him.
When Columbia House sends me a cd i didn't order, I'd simply scratch out my address, write in big words "Return to sender" then drop it off in the mailbox. Since your address is unreadable the only place it can go is back to the sender (Make sure it's unopened though). At first they sent me a rude card, something like "Next time respond or else we'll assume you want this cd". After the second time they stopped sending me cd's You can try that method
