Question
Use the case study to answer the questions: CASE STUDY: By phone, Patricia Sanford bought fitness tapes. The call center operator read Sanford a script
Use the case study to answer the questions: CASE STUDY: By phone, Patricia Sanford bought fitness tapes. The call center operator read Sanford a script saying that for buying the tapes, MemberWorks Inc. (Member) was sending membership in a program called ESSENTIALS. The program had a thirty-day free trial and if not cancelled in that time, cost $6 per month, which was billed in advance to the credit card used to purchase the tapes. Sanford did not remember hearing the script, agreeing to the membership, or receiving a membership kit. She did not cancel, so her credit card was charged $72 the next month and $84 the next year. She sued, alleging, among other things, violation of the EFTA.
Questions:
- Did the transaction described in this case violate the EFTA? Explain.
- Ignoring the possible violation of the EFTA, who do you think should win this case and why?
- Give an example from your own experiences when you have been charged for a good/service that you either did not order or did not receive. Explain how you handled it.
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