02/20/09, 06:09 PM
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Join Date: Sep 2005
Location: Ohio
Posts: 19,346
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Legally when you pay for something you are entitled to receive the item for which you paid. When the company from which you purchased and paid for said item says they will not send that for which you paid, they show intent to withhold your paid item from your possesion. There is intent, the mag company is switching one item for another less desirable item. If this were to happen in any store it would be considered fraud. It is an illegal action. One magazine subscription is PAID. The publisher is under contract to supply that magazine. By sending the letter to the subscribers the publisher has shown that is does not intend to honor their contract. It would be one thing if they did refund the money PAID for the subscriptions but they intend to keep that money and withhold paid merchandise. They are doing it purposefully and with intent.
Scheme: plan or program of action. Yes, to switch the magazines is planned.
Intend: to proceed on. Meets that definition too.
MELOC, in some states you can sue for treble damages in a contract violation suit. I would check your local law.
Now watch, a dozen people will post saying there is no contract to violate. Before they start I will remind them that subscriptions are contracts.
Business decision???? Are you serious???? These people PAID for those mags! At the very least they should get their money back! Read what I said about contract violation. A subscription is a written contract which cannot be changed unless both parties agree in writing before the change.
Last edited by Danaus29; 02/20/09 at 06:21 PM.
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