Buckmasters magazine, should I get an attourney?

[IronOutlaw]

This is going to be a long story but Im not sure where else to ask. I know there are alot of smart guys on this board and I can probably get some good advice.

About a year ago I got a call from Buckmasters magazine. They were offering a subscription to their magazine/club for 135.00 bucks. I declined and said I didnt have the cash, but the guy insisted on sending me a package in the mail to look over and then I could decide if I wanted to join. Well about a month later my parents got the magazine and package in the mail. (All my mail is sent to their house).

I browsed over it and threw it in the trash because I no longer deer hunt and Im not paying 135 dollars for a freaking magazine. The next month I received another magazine that I didnt even read. I may have it laying around somewhere now Im not sure. I then get a bill in the mail for $135.00. I call and tell them I want to cancel and they say ok.

Well about 3 or 4 months ago I get a call from a collection agency saying I owe $135.00 to buckmasters for my subscription, in which I have never even received besides two magazines. I tell them that I never subscribed and it was a mistake. They said ok and they would take me off the list.

Now about once a week for the past month Ive received calls form Buckmasters asking if I want to subscribe. The last two times I have told them to take me off the calling list. I was very firm with the last guy. It doesnt make sense to me. Why are they trying to sell me a magazine if Im a year behind???

Today I get a call from Chase Credit company. I was wondering what it was about because I have no credit cards or loans with Chase. Once again it was Buckmasters trying to collect money saying I owe $135. I once again told them what happend and they said they would be sure to take me off the list.

What the fuck is wrong with this company? The salesman that are trying to sell me the magazines sound like they are calling from their doublwide trailer from way back in the woods. I have told them multiple times what happend and each time they act like they will do something about it and they never do. I ran a credit check last week and there is nothing on there related to the this so I guess its not going to affect my credit. Im still pissed though.

If they call again should I just get an attourney? Im on the verge of filing for harrassment against them. Im actually very against suing but Im ready for them to just fuck off and leave me alone.
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[razor02097]

That sucks to hear... Sounds like you got caught in a shady deal... There have been varying scams for magazine subscriptions for years! It is very likely it is a solicitation service... I.E. regular people trying to make a buck at their house. Unfortunately it is very unregulated by either the company that employs them and since they are private entities...the government... The solicitation scam works simply by signing you up even if you said no... All they need is your name, phone number and address. Now a days it is pretty easy to do. Normally collection agencies have some sort of contract in hand to hold one accountable. Since you did not sign anything the company can not prove you ordered their service. They have absolutely no foot to stand on with collection. You can file a complaint with the BBB but that usually doesn't do much good.

Check out this website... it explains a few of the scams and some techniques to make sure justice will be on your side if you decide to sue.
http://www.ftc.gov/bcp/edu/pubs/consumer/telemarketing/tel03.shtm

[Bullitt]

LOL Coming from someone whos BEEN IN that business, heres what you do.. #1 All orders that are processed are REQUIRED to have a verbal binding contract tape recorded. Sorry its so long. Request to speak with a supervisor and actually WAIT for the supervisor, 9 chances out of 10 this is just another rep acting as a supervisor, so rinse and repeat, This time you may actually get a supervisor. Request an inquiry as to your acceptance of subscription, if they say they DONT have it, they are a third party telemarketing company that ACTS as a representative of the magazine, YOU NEED THE NAME OF THE PARENT COMPANY THEY WORK FOR, this is where you will find the "contract".
The parent company more than likely has an in-house collections department, keep in mind that they are not bound by the same legislation as a "telemarketer" and can say virtually anything they damn well please, including pissing you off enough to lose your cool to ADMIT to the debt. And if it IS the same company calling to collect a debt, they unfortunately are not inhibited by the "Do not call" list. (keep in mind the FEDERAL DNC list requires an annual fee to retain your name and is non applicable to civil servant charities *another scam*, or solicitation for "donations"for charitable organizations, this requires an in-house DNC list which is generally updated every 5-7 business days, or as often as the list is recycled for the random dialer).

Providing that they have an FTC monitored or verbatim script for a sales pitch (as most companies do) they can find out if you actually agreed to the terms and conditions of a "trial offer" which usually has a clause that states "you will receive abc magazine as a trial offer that is yours to keep even if you cancel, cancellation must be done within 30-60 days or you will be billed as a regular subscription" or the like. This should stop the collection calls.

After you agree and have a subscription, you will be placed in a "hot list". This is a list of people that subscribed to a magazine before and will more than likely subscribe again. Generally the phone calls will stop for about 3 to 12 months until that list is built and the company is low on profits and needs the subscriptions to get paid. KEEP IN MIND THIS ISNT NECESSARILY THE MAGAZINE BUT A 3rd PARTY VENDOR.

When you say that you are not interested in whatever the salesman is selling, you are put into an NI list, this is a list that will generally be called back in 2 weeks to 2 months for another sales pitch. Generally the sales agent is rated on sales per hour vs. contacts per hour to determine the CSRs pay rate for the week. A HUGE problem is that the CSR doesnt want the negative contacts and will mark the call as "unavailable" or "Answering machine" to keep his contact rate low and not affecting his Sales per hour.

When you request to be put onto the DNC list, the DNC does not take place immediately, again it will take place once the list is recycled to keep the number of CALLS (not contacts) per hour up for each caller on a random dialer... Unfortunately, these lists are generally compromised of TENS OF THOUSANDS of numbers, and is generally not recycled for 2 days to 2 weeks. To resolve this issue, again, speak with a supervisor, and they can manually take your number out of the dialer. This process is generally done nightly and is a HUGE pain in the ass.

After you have completed this and if you STILL receive phone calls or unsolicited bills, the BBB isnt going to do squat. Who you need to call is your state Attorney General. All solicitation is a monitored per each state and rules and regulations vary from state to state, and the person that can hurt the company the MOST is the AG. These can result in a hefty fine to the company, loss of license, removal of the offending reps, etc. This is why you need the name of the parent company who is doing soliciting.. Without this information, it can take up to 30 days (state mandated) to receive a response. With the parent company, rep name, employee ID number etc., it can be acted on in as little as 24 hours. ALSO BE SURE TO MARK THE DATE AND TIME OF THE PHONE CALL as this will help the parent company see what the disposition was of the sales agents call, and listen to the recorded transaction.

I only have one request, please keep in mind that although telemarketers are harassing and annoying, generally it is NOT their fault that they are calling you, they have NO idea that you have been called before, they really cant do much from their terminal, and they are just trying to earn a living the same as you or I. This type of employment is extremely stressful, has a very high turnover rate, and EXTREMELY performance oriented... Generally they only make up to 10 an hour, so please just be kind.. :)

[IronOutlaw]

Well I have been kind with the exception of one call and then I felt kind of bad for getting hostile over the phone with her. I actually havent had a call since I posted this, so maybe there done now. I actually remember the first call, I was told it would be recorded. All I agreed with was for them to send me an "information package" in the mail so I could go over everthing. They dont have my SS# so Im not worried about it hurting my credit anymore.

However if they do call me again Ill do as you said and get all of the info together to call the AG. I posted this same thread on the LS1tech lounge and there was a guy on there who said Buckmasters is actually calling him to resubscribe over a year after cancellation! They should understand that this is not how to do business and that they are probably turning away potential customers when harrasing them like they do. I was subscribed to Hotrod, Camaro Performers, High Tech GM, and have never gotten a call wanting me back. They have sent me lots of emails with some nice deals to subscribe but they dont harrass me.