S. Allen Schreiber, having tired of receiving unsolicited phone calls from telemarketers in general, received such a call on November 29 1989, from Olan Mills, a national family portrait chain. Schreiber promptly sent a “Dear Telemarketer” letter to the defendant.
“Dear Telemarketer:
Today, you called us attempting to sell us a product or a service. We have no interest in the product or service that you are selling. Please don’t call us again. Please remove us from your telemarketing list and notify the provider of the list to also remove our name and number since we do not appreciate receiving telemarketing phone calls.
We rely on the availability of our phone lines, which have been installed for our convenience and not for the convenience of telemarketers. We pay for these phone lines and instruments. You do not. Please don’t tie up our phone lines.
Should we receive any more calls from you or from anyone connected with your firm of a telemarketing nature, we will consider that you have entered into a contract with us for our listening services and that you have made those calls to us and expect us to listen to your message on a “for hire” basis.
If we receive any additional telemarketing phone calls from you, you will be invoiced in accordance with our rates, which are $100.00 per hour or fraction thereof with a minimum charge. Payment will be due on a net seven (7) day basis.
Late payment charge of 1½ percent per month or fraction thereof on the unpaid balance subject to a minimum late charge of $ 9.00 per invoice per month or fraction thereof will be billed if payment is not made as outlined above. This is an annual percentage rate of 18 percent. In addition, should it become necessary for us to institute collection activities,
all costs in connection therewith including, but not limited to, attorney fees will also be due and collectible. Olan Mill representatives made two additional calls, which resulted in the instant breach of contract suit. Did Olan Mills enter into an enforceable contract with Schreiber?