Monday, December 10 2012, 11:01 PM MST
Contract With Never-Ending Deadline Could Be Illegal
By Matt Gephardt
(KUTV) Frank Roberts sells health insurance, primarily to seniors.
"I deal with people that are primarily on Medicare and that are in need of Medicare supplement,” he said.
Generating leads can be a lot of work. He plays the guitar at senior centers around town to meet people but mostly he get leads the old fashioned way: by calling people.
Or, when push comes to shove, "Once in a while I do use lead generator services,” Frank said.
That was the case last October. Frank says he was contacted by a Payson company called Solutions for Business and Home. Per the contract, Frank paid them $295 and in return the company promised to set up 10 qualified appointments.
“Actual appointments,” Frank said. “Not just somebody to call and make an appointment with, but face-to-face appointments."
The contract says Frank’s appointments would come within 30 days but it has been longer than that and Frank is yet to see a single lead from Solutions for Business and Home. Now the company refuses to refund franks money.
When 2News called Solutions for Business and Home, owner Don Malloch refused an on camera interview. By phone, he defended generating zero leads for Frank referring to the terms of the contract. Sure, the contract may say appointments, "in 30 days," but it also says Malloch can "extend that time." The contract also says, "There are no refunds."
Malloch also said that his business has no money, so he couldn't offer Frank a refund even if he wanted to. Malloch says he does plan to get Frank those 10 appointments that he promised but he would not offer any time frame for when.
Frank is not holding his breath. “Well that could be forever,” Frank said.
2News spoke to a contract lawyer who said that a contract with a never ending deadline, like the one offered to Frank is probably not a legal contract. That determination would ultimately be up to a judge to decide. Franks next step to reclaim his $295 would be small claims court.
(Copyright 2012 Sinclair Broadcasting Group)