Christine, Can I use this on my Contracts exam next fall?

You could argue that you did not enter into a contract because you had no notice of the existence of a contract. Then again, you had the receipt, and you had an opportunity to cancel before "renewing" your subscription. I suspect for some courts that would be enough.

On the other hand, you might want to complain to Best Buy because they may not want their name associated with this sleazy practice.

That's right, I read EW. I'm out and I'm proud! It's only for the articles, of course. Honey, why did you cancel the subscription without telling me?

Perhaps you have a claim for fraud. In the tort context, you have to show that a misrepresentation was fraudulent and material to collect damages. On the other hand, if you merely want to avoid a contract, you need only show that the misrepresentation was fraudulent or material (not both). Given that you had apparently aroused the ire of the clerk, perhaps you could argue that she was lying to you about the subscription being free, just to stick it to you for not buying the warranty. Animus is not a necessary element of scienter, of course, but it might provide evidence there of.

Of course, there is the information on the receipt. Yet you didn't see this until after you had signed. I would argue that you didn't bind yourself at all by signing for the MP3 player. The real question is whether you became bound by accepting EW. One way of looking at this is to ask what EW's offer consisted of:

1. The clerk saying "Do you want a free subscription."
2. The note on the back of your receipt.
3. The copies of EW sent for your husband.

The problem with arguing that this is too indefinite to be an offer is that the EW ploy is pretty standard in the magazine industry. When someone offers you a free magazine subscription, do you really think that it is free? (Note your embarrassment at the out set of the post.) If everyone knows that "free" actually means "A couple of issues followed by a subscription if you don't affirmatively cancel" then it seems that EW did make an offer that you accepted.

And here we get to a deep question about the law of contracts. Suppose that there is a social understanding of the sort I suggested, where everyone knows that "free" doesn't really mean free. Should the law ratify this social understanding, even though it is a bit slimy? At this point, I don't think that you can really answer the question unless you have some sort of pretty deep opinion of what the law of contracts is supposed to do: enforce self-assumed obligations (go with social meaning), police voluntary transactions for honesty and fair dealing (border line -- don't enforce), promote economic efficiency (borderline -- leaning toward enforcement).

It would be a fun (read: cruel to 1L students) exam hypo. Especially if you add extra facts. I would try to work in something about a peppercorn and a fashion queen named Lucy Lady Duff-Gordon.

Paul, that was very funny!

I'm not sure I have ever seen EW. Paul's out, but I am just out of it, I guess.

Nate, I was wondering about the social understanding, too. I was going to quote that old "free lunch" aphorism at Christine, but she is obviously feeling bad enough.

The funny thing about this is that lawyers tend to analyze these questions as if a court is going to decide. (Nate and I both did that.) But a court will never see this because the amounts are too small. What is the role of law in these circumstances? I suppose that Best Buy might pay attention if thousands of customers fell prey to this scheme and some enterprising lawyer decided to bring a class action. Otherwise, law doesn't play a direct role, even though it informs our notions about right and wrong.

What happens if you don't pay? Typically with these kinds of deals scams, they send you a bill and you can write "Cancel" and be free with no obligation.

And I know in my rational mind that these are all tricks, that they raise prices and count on you not canceling and fleece you. And yet just last week we got the first of six months of free Time magazine after entering mortgage information at Lending Tree . . .

I will give you the practical answer - find the credit card bill where you got charged for the magazine. Call the number on the line with the charge, and tell them you didn't want the subscription and were told it was a free 6 issue trial. Demand a refund/credit to your card. They may say yes, they may say no. If they say yes well problem solved obviously. If they say no, inform them that you will contact your credit card company and demand a chargeback. They may credit you then. If they don't, call the credit card company and tell them the charge was not authorized, and you want it charged back.

They may require you to fill out a form, but eventually they will do it.

Most people don't know this, but all credit card companies require even more unconscionable agreements with vendors than with their own customers. So if a customer claims a charge was made without consent, the credit card company can charge that back at its sole discretion AND the vendor gets hit with a punitive fee (I believe there was a big lawsuit about those fees some years back).

The vendor can challenge the charge back, but companies like the one you are dealing with won't - they know they are in the gray area of the law if not committing out and out fraud - so they just keep what they can.

That's the insidious part, Kaimi. There's no bill. I have never received an envelope of any kind from EW, just the magazine. The only evidence of a renewal is a debit from my checking account.

On the social knowledge of "free" -- I think I would be able to say with a straight face to a judge that I really thought I would get six free magazines. However, if I had signed up for six free magazines in a separate transaction in which I had to give a credit card number, I would have known their was something up. For example, when you try a 30-day free trial of an online subscription, you know that if you don't cancel, your credit card (that you just entered) will be cancelled. Here, I had already given her my credit card for the mp3 player.

I bet, however, that if I had called after the 7th magazine arrived, I could have cancelled no questions asked. But who calls? I didn't get a bill, so I would have to look up the phone number or go to the website. Very ingenious.

Good point, Mr. Genius. I guess that's why they call you that. Where were you six months and $29.99 ago?

Sorry :P (as an aside, it is intended to be a self-deprecating name - like armchair quarterback) I didn't realize it was a debit card though (you mentioned it came directly out of your checking account). I am not sure if they work the same as credit cards - but they probably do given that most are Visa branded.

I just noticed I was charged for a subscription I never knew I had agreed to. Shame on BestBuy for being a part of this. I've been very happy with them over the years, this only tarnishes a good reputation they've developed. I called 888-225-5821 and they cancelled my subscription and credited my credit card.

The same exact thing happened to me at best buy, but with a sports illustrated subscription. After a few free issues they charged my account $24.95. I called SI and they immediately credited my account. It is best buy I am upset with though and I am going to write them a bitching letter today.

Sorry, but when you got the magazine, you neglected to read the screen. Everytime we put out a subscription, the credit card has to be slid twice, the first time being to send our information to the magazine company. Before it's sent, you have to sign the screen. Right about the signature line, there is a paragraph explaining the risk-free trial. It states in that paragraph that you need to cancel during your subscription in order to not have it automatically renewed. Perhaps the cashier didn't fully explain how it worked, but it is your fault to not read before signing. Anytime you sign your name, whether it's for a lease or loan or magazines, you always have to read what's above. The whole point of signing is to show that you agree to the information. If you didn't read it, that is your fault. Sorry.

Same thing happened to me, except the cashier merely said that my purchase entitled me to a "free copy" of Entertainment Weekly. Fortunately I caught the screen (how I'll never know given the small print placed on a totally burnt-in screen withered from people e-signing on top of it). I'm still massively torqued off, however, and filed a complaint with the FTC. I'd suggest you all do the same. Here's the link: http://www.consumer.gov/sentinel/members.htm

The same thing just happened to me today. I noticed I was missing about $20 in my account so I scanned through it and found a $25 purchase I didn't make. I downloaded my transaction history and all it said next to it was BB-ENT*WKLY and the phone number. I googled the number and came up with this site. I'm glad that I saw this so now I know to cancel the subscription, but I'm upset that I was only told that I would receive 6 free issues...not be charged for the subscription. I'm hoping that seeing as how I'm a minor that I can get my money back some how, but I really don't know. If anyone knows more I'd appreciate an email. Thanks.

yeah they got me too
and they were rude to me on the phone!

yeah they got me too
and they were rude to me on the phone! just call them and tell them that you were lied too, they should refund our money.
888 225 5821

I had the same problem, this information has been helpful. I may actually stop shopping at Best Buy because of this. There was absolutely no mention of the contract I was entering into when the clerk offered it to me.

i work at BBY. She signed a screen agreeing to those terms. If she didnt, the cashier commited fraud. Cancelling is no bigies, but they send u notices in the mail telling you subscribed w. those terms

I wrote a couple of entried in my blog about this whole practice. I even posted what was printed on the receipt verbatim. If you want to read what I wrote, enter "Scammers at Best Buy" (with the quotes) into google.

KE

They tried to scam me on an SI subscription. As soon as I noticed it on my bank statement, I called to cancel. They credited my account (or said they would, I'll find out in 30 to 60 days and I'll never figure out why it takes so long to do a credit)and let me have the issue already sent out for free. Woo Hooo!!!!!!!

I got suckered into the same deal after numerous and all encompassing questions regarding whether this was actually free and if there were any catches and even with my scepticism I agreed...then I read the receipt....mmmmmmmmmmmm....free huh? well anyway, I believe that having never been presented with any contract or info stating what your obligations were after signing said agreement, then there would seem to be no way for anyone to say any different...the arguement that you can sign something after being lied to by a 16 year old sales person and be bound to pay for something only made clear after reading the receipt or being charged is full of holes in my opinion...anyway...how did you cancel the "free" subscription? if there's a site or # and you've got a chance, I'd be appreciative of a quick email...thx...spread the word "FREE MY ASS"

EW began arriving for me, my daughter and a colleague. I guarantee non of us said yes or agreed knowingly to this scam at Best Buy in Wyomissing PA. I am so p****d about this whole thing especially as our credit card # have been passed over to EW. I will never shop in Best Buy again. In fact Walmart has my CD/DVD's and Sam's Club my laptop sales. There are honest alternative vendors for everything.

I never agreed to any charges, and now i have 2 subscriptions, I was never asked, I shop as BB a lot and a charge on 7/27 can't be cancelled because of a 6 month limit??? someone need math lessons? I've emailed EW, BB, and the FTC. all i have to say is "class action"

My wife was surprized that her credit card statement had a charge from Best Buy which in turn was about a subscription to Sports Illustrated. She was told at the time of her
purchase that she could receive a free trial subscription to SI, and she would receive notification for renewal. She received no such notification. So, she cancelled the subscription and will get credit for only $45.49 instead of the $49.95 that was charged to her credit card.

Also, there was a charge for Entertainment Weekly. She has been receiving the issues, but did not know why she was receiving them. Best Buy never mentioned this publication. So, she cancelled it and only get $25.67 of the $29.95 charged to her card.

I may have to contact the FTC.

Oops. I have to correct my previous post. The subscription to Sports Illustrated was through
Finish Line, not Best Buy. Otherwise the story is the same.

If everyone knows that "free" actually means "A couple of issues followed by a subscription if you don't affirmatively cancel" then it seems that EW did make an offer that you accepted.

....

Well, it was probably a deceptive trade practice. In some states there is a private cause of action, in some states not.

Especially the surcharge of an extra $10.00 for the subscription. Was that a kick-back to Best Buy? Interesting stuff. A jury would find the surcharge interesting.

I should also note that the "you were so stupid you deserved to be defrauded" approach has been roundly rejected by most courts, though it does start the statute of limitations running.

29.99?!! They only charged me 24.95 after my free trial, you got ripped off.
They asked me if I was sure about cancelling this subscription when I called up. Hmmm... let me think, I'm a cheap bastard and they played me like a fool, YES, Final Answer!

hey, they charged me 24.95 after my free trial. I did not know that they are going to renew it and charge me. today, by chance, I was checking my bank account, I noticed 24.95 charged me yesterday. what the heck? I did not buy anything from them. I called then I found out that best buy sales person fool me. at least they did not resist to refund it. I think many people are in the same boat as we are.

i used to work for best buy i was a cashier you shouldn't get mad at the cashier cause they pretty much have no choice if they want to keep their job we were forced to "sell" subscriptions and service plans if you don't magazines you get your hours cut horribly and for alot of us we can't afford that alot of us are going to school and living on our own and its hard to find a good paying job for kids in school by the way best buy makes 12 dollars on any magazine subscription and thats pure profit so if a cashier says you can get both for free thats 24 dollars for bby and you get charged 24.95 for both and they are suppposed to send you a confirmation letter but most the times people don;t get those and also managers get bonuses off what the cashiers sell but yet the cashiers don;t

That last comment is leaving my eyes bleeding...

They are still at it. I went to a free business seminar and got 6 free issues of Entertainment Weekly. The charged my account $24.95. I Googled the phone number and ended up here. When I called the person on the phone was quite polite. While I was on with her she let me know I was also signed up for Time. This one came from the Best Buy "Free Subscription" scam. Next time I am in Best Buy I intend to speak with the manager of the store about it and then try to recruit all his sales people into my NWM business!!

Thanks for this site, I was able to use the number to cancel my 'free' Entertainment Weekly subscription. I'll see in a couple days if my debit card gets refunded. There was two charges, one of which I missed, but I was assured they are both returned. Yes, nice scam, while spending thousands of dollars in the Best Buy store, one is already distracted, then bombarded with the 'extended warrenty' scam, but the beauty part is they lie and tag the credit or debit card along with your merchandise purchase. Amazing slight of hand. Even if people do get their money back, this parallels the rebate scam, where they are getting interest on your money for a certain amount of time. The ET Weekly customer service guy even had the gall to ask if he could help with any other subscription needs I had. I didn't know I had any until a year after purchasing a laptop and a washing machine! The PHONE NUMBER TO CANCEL THIS WEEKLY MAGAZINE IS 866-228-1183 There's an automated cancel system you spell your name into. Do that, then call back a second time, and it asks If you want to cancel, say "other" and you will get a charming rep to attempt to refund your money.

Yeah...BB suckered me into it too while I was Xmas shopping. Fortunately, they were polite when I called to cancel the subscription before a charge could appear on my credit card.

To CANCEL, call 888-228-1183

Thanks to Kevin for posting the number--I was going crazy trying to find the stupid receipt!

Yeah...BB suckered me into it too while I was Xmas shopping. Fortunately, they were polite when I called to cancel the subscription before a charge could appear on my credit card.

To CANCEL, call 888-228-1183

Thanks to Kevin for posting the number--I was going crazy trying to find the stupid receipt!

I got stuck with this scam from a music store called sam goody a few years back and it caused me to over-draft 5 checks at $25 each. Needless to say, EW did not pay for the bank service charges. They did not have a screen to sign or even tell me that I would get charged. I payed with my debit card and then I printed, not signed, my name and address on a post card.

maybe we should all just go back to paying with cash.

i'd like to see them debit my wallet every 6 months

I use Best Buy for instant gratification window shopping. Even at that one cannot really try out a nav system or find a clerk that can explain the benefits or drawbacks of different cameras.

I do NOT buy anything there 'cause they have a 15% re-stock fee and most of the product is blister packed and cannot be tried out prior to sale.

caveat emptor ---- Jerry

I was made that BB offer a long time ago and fortunately had the foresight to ask how the deal worked...My Dad always told me that nothing is for free...so I always ask. I was again fortunate in that the cashier told me they would sign me up for a 6 month subscription at which point I told them that I was not interested.

When you factor in the way Best Buy does business from these scams to charging people a membership premium to get frequent buyer points to salespeople who have no idea what they are talking about...I just shop elsewhere. Life is too short to punish yourself this way. I get better deals on the internet using sites like pricegrabber.

Which brings me to another hidden scam...rebates. Rebates are offered because most people don't send them in...it becomes additional profit to the store. For those that do they wait weeks for their checks, they are offered merchandise deals instead of their rebate...watch out for this one...you check your rebate status on the internet and they offer you magazines or cheap merchandise instead of your rebate.

Also, if you do play the rebate game...keep copies and follow up.

You're all a bunch of suckers. Nothing is truly free in this world. Your greed got the best of you. You have no one to blame but yourselves for being duped.

I just denied this "free" offer from Best Buy the other day. Here in San Antonio we have a brand new Best Buy. At the checkout the cashier said that "as part of our Grand Opening of the store, you get a gift subscription to your choice of Sports Illustrated or Entertainment Weekly. Which one do you want?" I said neither suspecting that nothing is free, but it's sad to see my hunch confirmed. I'll really have to want something bad to return to Best Buy in the future.

This page has me floored, literally. I don't know what to really think about Best Buy at this moment. I have been a faithful customer to the North Attelboro, Mass branch for nearly six years! I probably spent thousands at their store and recommended it to I don't know how many people. But after getting my bank statement today, then reading this thread, I have to say, I am doubtful I will feel so trusting of them in the future.

I KNOW I was asked by a girl who rang us up if we'd be interested in getting a free trial subscription to Ent. Weekly. I vaguely recall shrugging and saying I guess so, not that I would probably read them anyway. Never did the girl utter a word to us about being commited to purchase the subscription if we didn't call to cancel it when the trial ran it's course! Who would think ANY legitimate company like Best Buy or Entertainment Weekly would bill you for a service you never SAID you'd pay for.

If either company had sent me one of those, "YOUR FREE TRIAL IS ABOUT TO EXPIRE, DO YOU WANT TO CONTINUE IT?" No way would I have done it. And since I was never asked to billed for it, how in the world can they legitimately have done it?

I tried to call the number listed on my billing statement and the first thing it asks is that I punch in my credit card number. WHAT? Are they insane? Should I feel at all safe doing that?

Can anyone provide me with a secure, no nonsense number I can call to get this straightened out? I went to the bank and signed an affidavit to dispute the charge, but I have a gutt feeling I've got to call Entertainment Weekly in person to get this thing straightened out.

I feel so betrayed by BB. I'm debating contacting the Better Business Bureau about this to see what they can do. It seems like a matter of deceptive marketing to me. I think my love for that store has bitten the dust and I'm going to spread the word to everyone I know. What a real shame...

I just called, the prompt didn't recognize me, but i got a person in about 3 min, she helped and refunded and cancelled the account. She said 7-10 business days to refund, and i'll check back to see if its refunded. I also had to ask if there were other subscriptions, and she said NO, so i guess i got out of the entertainment weekly thing.

This scam has taken on a life of its own. Now, if you order from some websites, including Art.com, and fail to uncheck an obscure box at the bottom of some page, you wind up with a "free" magazine subscription.

The same thing happened to me today. I received an overdraft statement from my bank stating that I had overdrafted my account. Since I no longer use this account, due to the fact that my husband and I have a joint account, I was worried about the charge; I thought that someone had stolen my checkcard number. However, when I looked at my statement I realized that I had been charged for the Entertainment Weekly that I was told by the cashier was "free."

I was livid. Not only was I charged $34.95 for a magazine that I don't even want, I was also charged a $30 overdraft fee by my bank!

I called Best Buy at 1-888-Best Buy. They redirected me to the Entertainment Weekly number- 1-866-228-1183. I explained the situation and how mad I was. The clerk looked up my account and said that I would be re-credited. She also filled out a statement to have my overdraft refunded. Then she rather smugly stated that I need to "watch out" when I sign up for things like this- thanks, thanks A LOT!

I still cannot believe that Best Buy would allow such a practice to endure. I have been a loyal Best Buy customer for many years. My husband and I just purchased a home and are in need of many electronics items such as washer/dryer, new tv, and vacuum. I can guarantee that Best Buy will not get our business practicing such underhanded tactics.

I am going to go to the local store and talk to the manager when I have a chance. The clerks should not be telling customers that the magazine is "free."

That just happened to me this week. But it was with Finish Line shoe store, and it was Sports Illustrated. They charged $55.44 on my card, and I had no idea who it was until I called the number. The magazines didn't even come to me, it went to my house (I'm a college student). And I don't even remember saying I wanted the "free trial." I don't even READ Sports Illustrated.

And you Best Buy cashier, please. Don't even try to defend the store. Maybe Best Buy and Finish Line should have told customers what they were getting into, i.e. telling them they would have to pay after the first 6 issues. It's deceptive NOT to tell them. Why would they leave out that little piece of info? Unless maybe they were getting in on the profit, too hmm?

BB ADMITTED on the phone that they are having problems with CASHIERS not explaining these terms properly after we were also charged on our bank account. SO it's not OUR stupidity it's illegal and shady practices!

I found where this scam showed up on my son's bank account after he purchased from Best Buy and said ok to the "free" EW offer. All he signed was the machine for his debit card purchase and was on his way! I called the # on the debit of his act for EW and after giving the poor guy an earful, he quickly issued a refund. I even asked him why he would be working in such a position to have to take heat for that sham and encouraged him to move on. So Best Buy allowed EW to piggy back on thier "coveted" customers. Best Buy has joined the ranks of the sleezy who do shady, unethical, if not illegal, business practices. The fact that they are resting on their reputation for being otherwise make it even more skanky. allows EW mag. to piggy-back on our purchases! I sent BB corp. office a scathing letter only to get some smug response back saying he agreed to it. This happened some 9 mo ago, but I intend to go ahead and report to my attorney general. I heard on Fox today that in some cases they will fund your case against them. I am sure that many don't even look at their bank details and even check it so never know. How convenient for BB & EW! Remember how profitable scams are with only 1% success rate when you are dealing w/ millions? Report, report, report. They count on us not bothering.

I forgot to mention an important point. Keep watching your account. This deal was for not 1 but 3. After I called and got a refund for the initial charge, another popped up! Called again, and that's when they told me it was for 3, not 1. I demanded they cease and desist all future charges and if not I would sue them and him personally.

Cashiers say "risk free" and when it comes time to swipe your card...they explain that the subscription continues unless you go online to the website they circle on the information brochure that they hand you. Pay attention when you are shopping.

Agree with Gary.
After 6 weeks of free magazines, none of you wondered when the gravy train would end?

I think this highlights how intelligent professional people with "no time" so such basically dumb things. Of course you pick up the phone and call and don't just accept the payment. ("Who calls?") But for most I know, $29 bucks matters.

Really, for 6 weeks you people didn't wonder why this magazine was coming or when it would end? There are contact numbers inside every issue. You really think you get free magazine, no strings attached, from buying a mp3? What perky worlds you must live in.

I took the SI deal. A week later, before I got my free issue, there was a colorful oversized postcard from SI thanking me for subscribing via Best Buy, inviting me to sit back and try out the magazine, and including the number to call at anytime within the 6 week perior to cancel. I wonder if you got the same card and whoever sorts the mail just tossed into the junk pile? I would think BestBuy and the magazines weren't being "shady" but above board for all of us who would accept the free issues, and see if we would like to subscribe. If not, like me, you make a note to cancel and plan ahead. (I'm not running a career, family and generally overscheduling myself though)

Sometime you genius families will have to explain to me how you can break things repeatedly and get them replaced free. Most of us suck it up and buy a new one, or learn to take better care of our things.

Thanks for making me feel better to have escaped your petty worlds, where a person can f*** up in your personal details, then come off sniffily dismissing a company for trying to take advantage of *you*. Amazing the hubris; careful of falls.

And that dumb check out clerk is right. Read what it is you are signing your names to people.

I think this highlights how intelligent professional people with "no time" DO such basically dumb things.

If it is a consolation to anyone, I got about 8 papa johs gift cards for 10$ for signing up to EW for a trial period 8 times.

Regads,
N.

well, i got my best buy bill and im getting charged for 4 subscriptions just over $100 dlls. I remember the clerk asking me if i wanted to receive some magazines for "free" and i signed on the screen, but never did i know that i was subscribing to that magazine. This really pisses me off, anything i can do?

after posting this i went to the magazines website and clicked on their costumer service page. I entered my account number and name etc. and then clicked on cancel subsciption. It then asked me if i wanted to cancel till valid end of subscription or no cancel immediately, I asked to cancel immediately... I reapeated this for like 4 magazines that had been charged on my account and luckily SI offered a refund. thanx for the info from above, hope my experience help anyone avoid this scam.

Good news for me, today i received an e-mail, I got refunds for all the subscriptions, EW offering the quickest one. Well all except Rolling Stones since ive been reveiving those for like 8 months now. lol but sure the rest i got refunded for. spending under 30 dlls instead of over 100 dlls was good news. thanx all

hah!! i just got nailed with this one too! i never said yes the best buys lame offers and i never even received any magazines but i just saw $39.95 on my credit card bill from ENT WKLY BEST BUY and was like WTF?! so i did some googling and wound up here. what complete nonsense!! anyhow called the number on my statement and talked to a computer for awhile and then it refunded me the money. best buy definitely needs to get sued like crazy for this. it's completely retarded. ok anyhow they lost my business. i'll drive the extra block for a circuit city now.

My son, a college student, fell for this scam with a debit card at a Best Buy. He did not mention it to me until EW weekly had debited his account, causing an overdraft and 2 OD fees. (Remember? college student? no job? no money?) He does not recall swiping/signing twice or being given any information about an automatic subscription. He's in a college town where lots of businesses offere perks of one sort or another to the college kids.

OK, for the positive, for EW in particular, you can go to www.ew.com/customerservice and log in without giving your account/credit card numbers and cancel now or at the end of the subscription. He is 1/3 into that new subscription, so he will supposedly be getting $19.95 back.

Sometimes, we learn the hard way, but we learn and help each other. Hope this helps someone.

My son, a college student, fell for this scam with a debit card at a Best Buy. He did not mention it to me until EW weekly had debited his account, causing an overdraft and 2 OD fees. (Remember? college student? no job? no money?) He does not recall swiping/signing twice or being given any information about an automatic subscription. He's in a college town where lots of businesses offere perks of one sort or another to the college kids.

OK, for the positive, for EW in particular, you can go to www.ew.com/customerservice and log in without giving your account/credit card numbers and cancel now or at the end of the subscription. He is 1/3 into that new subscription, so he will supposedly be getting $19.95 back.

Sometimes, we learn the hard way, but we learn and help each other. Hope this helps someone.

I just had this happen to me, but mine is from TWX for the Maxim Magazine. The complete phone number is not on my statement though so I dont know who to call. 800-586-53??

Does anyone know the last two digits?

You can call your bank (if a debit card) or the credit card company to get the last two digits...it is different phone numbers for each magazine. And be carefull...the number I needed to call was an 866 number, and out of old folks habit, I dialed 800...and got a sex line. Yikes! Now I have to check the cell company to see if I was charged for a premium call of some sort!

As for the clerks and their sales spiel... The clerks are rushed to take care of the line of customers, and pressured by management to "sell those extras" but that does not excuse them for misleading customers either by accident or on purpose.

In my case my clerk said "since you spent more than $25 dollars you are entitled to a free magazine" I picked up the magazine on display, and added it to my bag thinking it was all I would get. My husband 2 or 3 behind me in line got the same sales line, and was told "I don't have one of those, we'll have to send it to you," and he entered his address. (his choice was Rolling Stone) Since he used my perks card they were both in my name and under my debit card.

We were mislead... and rushed. And now we have been charged!

Regarding previous posts talking about our over-scheduled lives... I'll admit to that. But what would you suggest I cut out? Do I stop caring for an elder parent after 2 strokes, caring for an elder widowed parent, teaching full time, or attending college full time? That does not even take into account time spent keeping house (with all it means) being with my husband and grown kids, and church activities... I'll gladly scale back if someone will just tell me how!

I deal honestly with folks, pay my bills and fulfill obligations I knowingly make...I expect the same integrity out of businesses I deal with. I'll not boycott Best Buy, but I will view them with great skepticism from now on, and give preference to stores who do not stoop to such misleading tactics to "make a buck."

The same thing happened to me. The cashier let me to believe my purchase qualified me for a free subscription. I called 888-225-5821 and the rep said they would cancel future issues but not credit my credit card. I told her they couldn't charge me for their sleazy marketing practices and she told me they did and would not reverse it because I was going to receive two more magazines that I didn't want. She told me to give them to my neighbor if I didn't want them but that they would not reverse the charge. I asked to speak to someone else. The next person told me they would reverse the charge in 7 to 10 days and sorry.

This is similar to what happened to me. I performed an audit at best Buy and was required to initially accept the risk free subscription, knowing full well that after 8 weeks the free part was no longer free if you did not cancel. I canceled the next day. I wrote down the name and extension of the person who I spoke with at US Weekly. Then, a few days ago I see a withdrawal for $69.97 out of my bank account via my debit card. I called US weekly AGAIN and they said, "Oh, your account was suspended, not canceled." I am positive that I did not ever even receive the option to suspend my account. Now I will have to wait 10-14 (argh!) days to see my money. US Weekly will not give a confirmation number for a cancellation, only a name and extension, so good luck presenting paperwork if your bank/card requires it for proof of timely cancellation. I will post again after I do (or do not) receive a refund.

I received the full refund. It took 11 days.

still waiting for our refund..now have late fees added to my credit card and they are telling me we will have collections after us..our credit is now BAD!!!!!!!!!!!!

Take a look at my blog post at

http://brianslittlespace.spaces.live.com/?_c11_BlogPart_BlogPart=blogview&_c=BlogPart&_c02_owner=1&partqs=cat%3dBest%2bBuy

I have never been treated so poorly by a company in my entire life. I have banned Best Buy and will not shop there for any reason. I can always find similar items at comparable prices (most of the time better prices) so there is no need to give them my business.

This all started for me when I purchased a CD at Sam Goody a couple of years ago when they still used pen/paper receipts. I was asked if I would like a free subscription to EW and just needed to fill out a postcard. I was never informed of the recurring charges/renewal process and would not have agreed to it had I known at the time. I first noticed a charge to my debit account that we couldn't identify. When we finally figured it out I searched high and low for a way to contact them but it wasn't easy. I sent several emails asking to cancel my "so called" subscription and once did receive a response back stating that someone would be contacting me within a couple of business days. That never happened. People get busy and other priorities take over. I forgot until the next charge was taken out of my account. The saga continued and still they did not cancel my account. I even wrote letters and tried to send the magazine back to no avail. I agree that this should be a class-action lawsuit. If we were talking about any kind of medication or health issue it would make headline news.

Okay, cashier at Best Buy here. Let me go ahead and fill you all in on who's to blame in this situation. It's everyone's fault! The moronic cashier who rang you out didn't explain to you the terms you were agreeing to, or the entire offer, and you neglected to read the screen you signed. Each time I offer this subscription, I say "Would you like to get a risk free trial of any of these magazines for six weeks?" The customer will either say no, inquire further, or immediately sign up for all of them. No matter what, I explain what will happen and I write down the numbers they can call to cancel. I'm sick of people who spout bullshit whenever Best Buy does something like this. We lay out everything we do in stone, and the idiot customers don't know how to read, or they choose to ignore it because they were too stupid to care in the first place. Our "extended warranties" are a hell of a good deal on things like PS3's, which break all the damn time, and Sony only gives you 90 days of warranty time with them. A year later, when you didn't get that warranty and Sony is telling you to shove off, guess who you're going to yell at? Best Buy. Your product was out of our 30 day return policy, and you didn't get the warranty, so shut your mouth. You people have terrible experiences at stupid stores, but why don't you try shopping at one like I work at, that's ranked in the top 10% of the company? Everyone here knows what they are talking about, and we have maybe one incompetent manager that everyone else just undermines, so it really doesn't matter. We don't intentionally scam you, but we're retail and we try to make money. I don't pressure my customers into doing anything, because guess what? WE DON'T GET PAID BASED ON COMMISSION. IT DOES NOT MATTER IF WE GET YOUR SALE. It's nice, because it drives business, but we really are customer oriented, and it sucks you had to experience this at a crappy store with crappy employees, but for the stores that are actually fun to work at and don't screw people over, I'd apologize on behalf of Best Buy.

> IT DOES NOT MATTER IF WE GET YOUR SALE.

Your boss doesn't bug you if you don't get enough extras like extended warranties and magazine subscriptions? Wow. You must be very very lucky. All the other stories that I've read said that this is tracked very intently by management, and employees are threatened (with their job) if their numbers aren't good. Even though they don't otherwise get a piece of the action.

What annoys me most is all these morons that claim it is the consumers fault for not reading what they sign. Especially when there is unlegible small print posted on the electronic card handler at checkout.

It is the duty of the business to engage in ethical practices. Cashiers simply should not lie. Stop confusing the real issue. The consumer is not to blame.

Same thing happened to me - but the cashier points to the magazines as I'm running out through the line "which one do you like" she says...

I point to the one I already subscribe to - Entertainment Weekly.. I end up with a double subscription. EW's additude was that I should have known. My additude was EW could lose both subscriptions because I can do without EW.

I wrote a letter to the editorial staff of the magazine, because even though there is a strong separation between editorial and subscription sales, Editorial does care about how their magazine brand is being undermined.

I called the 888-225-5821 number off my bank statement. I told the rep I didn't know what the charge was for and he apologized, immediately issuing me a credit for the charge. No problem. Good luck.

None of this surprises me. I bought a laptop from BB back in Feb 07. It came with Vista O/S. The comp started crashing a few weeks ago so I took it in to BB for service. Turns out the Vista is making it crash, and the O/S is not covered under my $300 extended warranty. I would have been better off if I'd spilled a drink on it or dropped it out the window, because those things are covered. My point is, if a store sells a computer with a given O/S, trains its salespeople to sell customers on this O/S (and in fact, nearly all their comps came with Vista at that point), and then sell them an extended warranty that covers "everything," then it should provide a replacement when the thing craps out after less than a year. Buyer beware, indeed.

Just wanted to say thank you for the phone number to cancel the subscription, its been driving me crazy trying to look for the receit, and couldn't find it so I went online tried to look for the phone number, and lo and hehold I found it thanks to you.

My wife signed us up for Time thinking she was getting free issues with no opt-out requirement. The day after the charge appeared on our card, I called Time at 866-731-5401 and the very polite customer service rep had the account canceled and our money refunded (without my even asking) within 90 seconds.

I do take issue with the people that contend that customers should read the agreement in line prior to signing. The burden is on Best Buy to fairly represent the offer as a free trial, not free issues. My wife, a (naive) attorney was shocked when we were charged. While she was certainly deserves fault for not reading what she signed, when an offer is presented (especially at checkout with people waiting behind in line) it should be presented fairly with the caveats up front.

I am grateful that Time was generous enough to refund our money when Best Buy, not Time, was responsible for the misunderstanding.

I also had the same thing happen to me at BEST BUY for 8 free issues. They explained it all pretty clearly but once I lost the receipt it seemed like pulling teeth to get anyone to give me the number or the website both of which were printed on a piece of paper that I automatically threw away seeing as I already knew what I had signed up for. Thanks for posting this info on your site I was beginning to think I would have to pay the money and I didn't feel like having to argue over 30 bucks I never intended on paying.

I had the same thing happen to me only at hollywood video, they told me it was free never gave me any paper work or anything. then all of a sudden I'm being charged $34 dollers and I can't get on there web site to cancel.

I made a purchase in january at the best buy in lancaster ohio. During the transaction the clerk told me that i would receive a free copy of sports illustrated. Several weeks later i received a copy of sports illustrated in the mail. A couple of weeks later i received another sports illustrated in the mail. I did not question it simply because, i never subscibed to it nor did best buy charge me for it. Here it is two months later and i check my bank account and see that sports illustrated has debited my account. I wrote to best buy customer service and they reccomended that i contact the store. I returned to the store only to be insulted and sent off by the manager telling me i would have to take it up with someone else. I did some checking online and found that many people also had the same complaint, in fact i see where there is a class action lawsuit being filed in california for this very same thing against best buy. It has cost me $25. Not a lot of money but enough to aggrivate me by being taken in by such an underhanded dealing. I doubt if i have any recorse here but i would like this practice to be exposed and wonder just how many other consumers have been taken in. I would be more than glad to speak to anyone about this and perhaps go into more detail. I intend to send this letter or complaint out to anyone who wants to listen and hopefully jump in and expose this type of dealings. Thank you for your time...Bill

Bill Whittier
Ph. 740 862-4543

I made a purchase in january at the best buy in lancaster ohio. During the transaction the clerk told me that i would receive a free copy of sports illustrated. Several weeks later i received a copy of sports illustrated in the mail. A couple of weeks later i received another sports illustrated in the mail. I did not question it simply because, i never subscibed to it nor did best buy charge me for it. Here it is two months later and i check my bank account and see that sports illustrated has debited my account. I wrote to best buy customer service and they reccomended that i contact the store. I returned to the store only to be insulted and sent off by the manager telling me i would have to take it up with someone else. I did some checking online and found that many people also had the same complaint, in fact i see where there is a class action lawsuit being filed in california for this very same thing against best buy. It has cost me $25. Not a lot of money but enough to aggrivate me by being taken in by such an underhanded dealing. I doubt if i have any recorse here but i would like this practice to be exposed and wonder just how many other consumers have been taken in. I would be more than glad to speak to anyone about this and perhaps go into more detail. I intend to send this letter or complaint out to anyone who wants to listen and hopefully jump in and expose this type of dealings. Thank you for your time...Bill

Bill Whittier