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Path: utzoo!watmath!clyde!burl!ulysses!gamma!epsilon!mb2c!mpr
From: mpr@mb2c.UUCP (Mark Reina)
Newsgroups: net.legal
Subject: Re: Want advice on this scam
Message-ID: <394@mb2c.UUCP>
Date: Wed, 8-Jan-86 08:06:16 EST
Article-I.D.: mb2c.394
Posted: Wed Jan  8 08:06:16 1986
Date-Received: Fri, 10-Jan-86 07:14:56 EST
References: <326@milano.UUCP>
Organization: Michigan Bell, Southfield, MI
Lines: 28

> 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