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  1. #1

    Unhappy Can I Get Out of an Advertising Contract That is Not Performing

    My question involves business law in the state of: CA

    Hi I have a Yelp contract that want to get out of because I am not seeing results at all. Any advice guys?

    I am being charged $468/mo and a $1500+ early termination fee. Both of which I do not want to pay.

    Click here for a copy of the contract

  2. #2
    Join Date
    Sep 2012
    Posts
    1,988

    Default Re: Get Out of Yelp Advertising Contract, How to Need Loophole/Advice

    I don't see anything in that contract that jumps out, I doubt there is anything as yelp has been around long enough to have any issues with their contract fixed.

  3. #3

    Default Re: Get Out of Yelp Advertising Contract, How to Need Loophole/Advice

    You think Im going to get sued if I terminate?

  4. #4
    Join Date
    Sep 2012
    Posts
    1,988

    Default Re: Get Out of Yelp Advertising Contract, How to Need Loophole/Advice

    it says right in the contract that your termination fee is $1236.00

  5. #5

    Default Re: Get Out of Yelp Advertising Contract, How to Need Loophole/Advice

    The problem is I am not getting the services they promised, like my ad never appears up and I am not getting the services and traffic I was promised. My monthly advertising bar is always stuck at full and doesn't ever reset every month. When I call Yelp they just say the status bar is broken.... they dont care at all and I am paying money for services I am not getting. Please advise?

  6. #6
    Join Date
    Mar 2013
    Posts
    16,949

    Default Re: Get Out of Yelp Advertising Contract, How to Need Loophole/Advice

    You can sue them for breach of contract if they are not performing.

    If you don't want to do that, you are pretty much stuck.

  7. #7

    Default Re: Get Out of Yelp Advertising Contract, How to Need Loophole/Advice

    Quote Quoting adjusterjack
    View Post
    You can sue them for breach of contract if they are not performing.

    If you don't want to do that, you are pretty much stuck.
    What would you do if you were me?

    Does this change anything? http://www.mcmillanlawgroup.com/yelp/

    How would you sue? Small claims or get a lawyer and sue? Or threaten to sue first?

  8. #8
    Join Date
    Mar 2013
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    16,949

    Default Re: Get Out of Yelp Advertising Contract, How to Need Loophole/Advice

    Quote Quoting irockthebear
    View Post
    What would you do if you were me?
    I would sue in a heartbeat.

    Quote Quoting irockthebear
    View Post

    Does this change anything? http://www.mcmillanlawgroup.com/yelp/
    Wouldn't hurt getting in touch with that lawyer. Just make sure you check him out with the state Bar and be careful what you sign.

    Quote Quoting irockthebear
    View Post
    How would you sue? Small claims or get a lawyer and sue? Or threaten to sue first?
    A company like that would probably just laugh off a threat of a lawsuit but would take a summons and complaint seriously.

    The CA small claims limit is up to $10,000. So if you sue for a refund you could use small claims court. I think that litigants are not allowed to have lawyers in small claims court so you risk the possibility that the defendant could have the case moved to a higher court and then sic their lawyers on you.

  9. #9

    Default Re: Get Out of Yelp Advertising Contract, How to Need Loophole/Advice

    At this point, would you continue paying them or put a merchant block on the CC on file?

  10. #10
    Join Date
    Mar 2013
    Posts
    16,949

    Default Re: Get Out of Yelp Advertising Contract, How to Need Loophole/Advice

    Quote Quoting irockthebear
    View Post
    At this point, would you continue paying them
    If I were going to sue I would sue while my account was current and as part of the lawsuit ask the court to order a temporary stop of the payments while the litigation is in progress.

    If you simply stop paying them without taking appropriate legal action you become in breach and the consequences befall you.

    Quote Quoting irockthebear
    View Post
    At this point, would you continue paying them or put a merchant block on the CC on file?
    That's up to you.

    But basically it's the same answer. Stop paying and you become the bad guy. Sue while you are current and you are the good guy.

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