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Duped

Recorded verbal statement vs. written terms and conditions - which triumphs?

4 posts in this topic

I'm in Oregon and inquired about a work and travel program. The commission-only representative I talked to was overseas. During the 3 phone calls, which I recorded all without him knowing, I let him know I was unsure I would be ready for the early March departure date. He said that by making an early deposit, that would save my spot for a year - if I wanted to reschedule to a later program that more fit my readiness needs. He said, "The main thing is that the deposit is non-refundable, and the rest of the Terms & Conditions is just general information." Without reading the T&C, I paid my high dollar deposit. When I asked to have my program rescheduled, I was told by someone else that the T&C stated the deposit is non-refundable AND non-transferable. I'm in talks with the Chicago-based company, hoping to come to an agreeable outcome - though at this time, they don't seem too concerned that I was lied to. Does my argument hold any water? If I decide to sue for deposit back - paid on proven false statements and misrepresentation, is it likely I would win? Is recording Zoom internet call the same as a regular phone call, legally? Anything else I should be aware of?

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Paying somebody to give you a job? That should have been a red flag with alarm bells going off.

 

How much did they soak you for?

 

"I was told" is the most dangerous phrase in the English language.

 

9 hours ago, Duped said:

Without reading the T&C, I paid my high dollar deposit.

 

That was foolish.

 

9 hours ago, Duped said:

the T&C stated the deposit is non-refundable AND non-transferable.

 

Did you read them even then?

 

I'm guessing that there is something in them that says the T&C is the only contract and nothing outside the contract counts.

 

9 hours ago, Duped said:

During the 3 phone calls, which I recorded all without him knowing,

 

Legal in Oregon. Illegal in Illinois. If you had to sue in Illinois the recording would be inadmissible and you might be prosecuted as soon as you tried to present it.

 

If you had to sue in Oregon there could be a problem with the court having "personal jurisdiction" over an Illinois company.

 

https://en.wikipedia.org/wiki/Personal_jurisdiction

 

 

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2 hours ago, adjusterjack said:

Legal in Oregon. Illegal in Illinois. If you had to sue in Illinois the recording would be inadmissible and you might be prosecuted as soon as you tried to present it.

 

The calls were between a person in Oregon (the OP) and a "representative [who] was overseas."  Therefore, Illinois law would have no application.  Even if suit were filed in Illinois, a recording of a call that was legally made under the applicable law would be admissible even though the recording might have been illegal if Illinois law applied.

 

 

2 hours ago, adjusterjack said:

If you had to sue in Oregon there could be a problem with the court having "personal jurisdiction" over an Illinois company.

 

It's probably not so much a personal jurisdiction issue as it is one of the written terms and conditions probably containing a forum selection clause.

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