If a company offers a magazine subscription, but never publish the magazine, can they be sued?

Question

I know a couple who accepted lots of subscriptions to a magazine they were trying to create, but never published the magazine. Are they susceptible to legal action? They never returned the money. In fact, there's still an Amazon entry for their magazine and it says that subscriptions are non-refundable.

Answer 1

Get legal advice....:)

Answer 2

The do not have to return the money. It is what is called in business "secured finality" or insured profit. The bylaws stipulate that whomever endeavours upon business without showing tangible profits and without having said product available that it is basically "buyer beware." Plus, they more than likely have insurance, or at least should have insurance for these situations. But, they don't need to have insurance because they do not, and will never owe anyone their money back. Magazines also fall under interstate law which stipulates that a subscription under 25. for a calender year does not have to be refunded whether it exists or not. By law. We are part owners in a publishing company if this helps. be well.

Answer 3

If they went bankrupt, there is nothing you can do. If they folded the company, then they are legally obligated to return all left over monies, at a percentage, but there is usually nothing left to give back. It is difficult to prove that they defrauded people by taking the money and never "trying" to make good on the subscription. The lawyer fees alone would be way more than the subscription fees. If they have money, and I mean wealthy, then you could try and find a lawyer to file a class action suit against them.

Answer 4

ya if they never returned the money. But all you would get was the cost of the subscription unless you can prove that waiting for the magazine caused severe mental strain. But the cost of a lawyer and the time it will take isn't worth it.

Answer 5

Contact the Better Business Bureau

Answer 6

Yes, it's called fraud!



It is absolutely illegal to sell a product that is not intended to be produced.

Answer 7

Citizens Advice might be able tohelp and their advice is free!