Much like individuals and families, increasing numbers of merchants, professionals, and nonprofit groups are contacting COMBAT – Maine Center for the Public Interest when they feel they have been victimized or encounter disputes they cannot resolve. It does our heart good to help a fellow charitable group because they, like we, depend upon donations to survive. Every penny saved is very important.

Such was the case with Bangor Charity (real name changed to spare embarrassment) when a telemarketer representing I Pages America of West Lebanon, N.H., called in March 2003 trying to sell telephone directory advertising. The Bangor Charity office employee tried to say “no,” but the telemarketer was unrelenting. Pressured and not really understanding what she was agreeing to, the office worker finally accepted the offer … just to get rid of the telemarketer. This was, of course, not very smart (and she knows it now).

Shortly thereafter, Bangor Charity received a bill for $389.95 from I Pages America. This is a pretty big chunk of change for a small charity. Bangor Charity’s director called I Pages America and told them the office worker who accepted the offer had no authority to do so, that any such expenditure required a vote of Bangor Charity’s board of directors and that the charity had no intention of paying the bill. She even sent I Pages America a signed copy of their “Notice of Cancellation” by fax.

I Pages America countered by playing back a tape-recorded message of Bangor Charity’s employee accepting the agreement. The conversation went nowhere, and soon Bangor Charity began receiving collection notices and threats that their good credit standing would suffer. It was then that Bangor Charity contacted COMBAT.

After reviewing the matter, most of us in the office thought poor little Bangor Charity didn’t have a leg to stand on. They had agreed … and it was on tape!

But our volunteers are tenacious, and the mediator assigned to Bangor Charity’s case dug deeper into Maine law and sent I Pages America the following:

“You did not send Bangor Charity a written contract so they are not obliged to pay even though one of their employees agreed over the phone. This fact is clearly stated in The Maine Attorney General’s Consumer Law Guide, Chapter 13 ‘When a Salesperson Calls You’. Having a tape recording of the conversation has no relevance.”

Our mediation volunteer continued, “In addition, our research shows that under the name ‘I Pages America’ you do not have a license to sell in Maine from the Department of Professional and Financial Regulations: Licensing Division. We ask that you immediately stop sending dunning letters to Bangor Charity and that you do not refer them to a collection agency.”

After COMBAT’s letter, the bills stopped coming and Bangor Charity discovered no negative references on their credit report. In thanks, they purchased a $125 business and professional membership with COMBAT. It felt especially nice for us to help a sister organization that helps our community.

While we are on the subject of membership, COMBAT is preparing for its annual business and professional membership drive. B&P memberships account for roughly 50 percent of the cash we need to provide consumer education, dispute resolution, fraud protection, and advocacy services for Maine people. If you aren’t shy about solicitation and would be willing to join the more than two dozen merchants who are on the B&P membership committee, call 947-3331 (mailbox 3) and leave your name, address, and phone number. Or e-mail membership@consumerprotect.org and do the same.

Consumer Forum is a collaboration of the Bangor Daily News and Northeast COMBAT-Maine Center for the Public Interest, Maine’s membership-funded nonprofit consumer organization. Individual membership $25, business rates start at $125 (1-10 employees). For help and information write: Consumer Forum, Bangor Daily News, PO Box 1329, Bangor 04402-1329.