Consumer Law, Warranties Buyer's Remorse

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LSharris

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XM Radio notified me that my contract for locking in my monthly fee rate was due to expire. I contacted XM and was advised of the different costs for different lengths of time and for a lifetime locked fee. The difference was not that great so I selected the lifetime plan for my one XM radio. The XM representative mentioned my second radio fee plan was also due to expire in about a month and a half, so I agreed to purchase the lifetime fee guarantee for that radio also.
That night I read about and heard on TV that XM radio was considering bankruptcy. The next morning I called XM to cancel everything. They told me I could not cancel it because my credit card had already been charged. Arguing did not help.
I called back several times to talk with other agents to no avail. I asked if I could cancel the second radio fee that was to be charge in a month and a half. I was told it would be cancelled. I have now received a credit card statement listing a charge for $419.90 – the amount that was to be cancelled. I contacted XM today and was told that the lifetime contract was non-refundable. Since I had requested it be cancelled and was told it would be, I thought it should never have been charged. Originally I tried to cancel everything the day after I agreed to purchase both of the two plans.
I feel that cancelling both contracts should be covered under the three-day "buyer's remorse clause" that I thought contracts have.
All business was done over the phone, thus I did not see / sign any contracts.
 
The "three day" cancellation you are talking about is for phone sales when a salesperson makes a "hot sell" to you. The three days is called the "cooling off" period when the hot sell loses its full effect and a consumer can come back to their senses. If you've called them to purchase a product then the impetus for the need to protect you is lost - you called under your own initiative. Does that make sense? I hope things work out for you. Good luck.
 
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