My parents were recently held hostage at Direct Buy for over 8 hours, not allowed to go to the bathroom, and then separated into different rooms before they relented to give their captors the 5, 000.00 membership fee. They are in their 70s, and were looking for options and alternatives to an upcoming house renovation.
Facts - Direct Buy staff kept them separated against their will, and would not let them speak to one another to discuss their decision.
They were kept at the 'showroom' for 8 hours, and not told until sales pressure time the cost of the membership. They were not given the opportunity to make an informed decision. Instead, they were separated into two sales rooms, and were told that they could not speak to one another.
They signed the contract to membership under duress, with the intention of exercising their 72 hour right of recision allowed to them in Florida Statutes Title XXXIII Chapter 559.3903 which governs the specific rights of persons entering into a contract of membership.
They exercised their right of recision within 48 hours by certified mail, well within their right of cancellation. They have not received a refund. This was before thanksgiving 2008. Florida law gives the member full right to that refund within 10 days of notification. It has been 2 months.
Florida Title XLVI Chapter 825.103 section 1 pertains to the criminal act of exploiting an elderly or disabled adult. This statute says exploitation of an elderly person or disabled adult means:
'Knowingly, by deception or intimidation, obtaining or endeavoring to obtain or use, an elderly person's or disabled person's funds, assets, or property with the intent to deprive such individual the use, benefit or possession of the funds by a person who reasonably should know that the elderly person lacks the capacity to consent.'
Florida state law defines this as a criminal felony in the third degree punishable by up to 5 years in prison. under chapter 775.082.
Govern yourself accordingly, DirectBuy.