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  1. #1
    Join Date
    Feb 2011

    Default Is a Text Message a Legal Document

    My question involves a consumer law issue in the State of: New Jersey

    Is aText message a Legal Document ? On My 5yo son attends the before school program run by the local YMCA. The site director sent me a Text message on Feb 15 at 07:30 pm stating my son was removed from the program for non payment and I was to make arrangements for his care. (Per YMCA policy tuition is due on the first, payment received after the 10th is subject to 20 late fee and after 30 days they can terminate the child from the program) Her text further explained if my son arrived at the school in the next morning , she would file a report with DYFS (Family children services in NJ) for child neglect/endagerment for not providing care for him. Unfortunately I did not get this message, I was already at work. I work overnights at a maximum security state prison. We are prohibited from carrying cell phones into the facility. The DOC does have land lines and the YMCA does have this contact number. Im not sure why she didnt call me at work. (Maybe because it was after hours, the YMCA closes at 6. She probably didn't have my file) The next morning my husband unknowingly put him on the bus. The school did contact my husband and explained the situation and my husband was able to pick him up. Luckily my husband is home during the day. Around 1p my husband called the YMCA director to discuss the situation, and why she removed my son, the director explained "because I can" He then hung up her. Around 3:30p DYFS showed up to my house. The director at the YMCA filed a report a little after 1p per DYFS. NOT NICE! DYFS rep talked to my kids, looked around my home and said she does not have any concerns and said there was no need to open a case. So, can a business cancel a contract via Text? and not receiving confirmation of receipt??

  2. #2
    Join Date
    Sep 2005
    Behind a Desk

    Default Re: Is a Text Message a Legal Document

    We don't know what happened, but obviously there's a context here.

    One would hope that the message was sent by a means reasonably calculated to give you notice. If you had previously communicated with the site director by text, perhaps that's why she texted you.

    Notice is notice. If you didn't get notice you can argue to DYFS (as you apparently did) that you didn't get the text message.

    What is it that you want us to tell you?

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