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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:

  1. Did the transaction described in this case violate the EFTA? Explain.
  2. Ignoring the possible violation of the EFTA, who do you think should win this case and why?
  3. 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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