Baxter & Baxter, LLP, Attorney Comments in the Oregonian: How ironclad is that consumer contract?

A deal's a deal

The Desk has heard from a slew of readers in recent months struggling to cancel or change common consumer contracts such as those with gyms, Internet providers and cable and satellite companies. So have consumer lawyers and advocacy groups, which say there's been a jump in the number of people seeking help nationwide -- including some who've already fallen behind on contract-related payments and face debt collectors.

Judges typically hold consumers to their contracts, said Justin Baxter, a consumer protection lawyer in Southwest Portland, who is seeing more issues crop up in connection with contracts. It doesn't help, he said, when angry consumers fail to follow directions and do something like mail a cell phone back to a provider instead of send in the required certified letter to cancel.

Still, he noted, businesses have teams of lawyers on their side, while consumers typically don't.

"These documents could be written in such a way that it's easier for consumers to get a remedy," he said "To the extent that consumers are confused or stymied in their efforts to cancel contracts, equal responsibility falls on the business and the consumer."

Christine Cruz agrees but said she didn't get much of that give-and-take during a recent experience.

The North Portland resident had asked the Northwest Fighting Arts School for a break on a yearlong contract for classes her son was no longer interested in taking. She paid the $124 monthly charge in July, but asked to cancel the remaining $1,364 worth of payments.

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