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Charging without consent

Discussion in 'Consumer Law, Contracts, Warranties' started by DrCompton, Dec 9, 2019.

  1. DrCompton

    DrCompton Law Topic Starter New Member

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    Jurisdiction:
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    Is it legal for companies to charge you for new services without your consent. I have 2 recent examples of 2 different companies that I currently use "some" of their services; (1 is a credit card company and the other a newspaper service), that claimed they emailed or mailed letters saying we will begin charging you for these new services, if you dont opt out by XX date. Without my consent, they moved forward with new services and the charges. These are services I did not request, never even heard of and took time for me to notice the changes. As for the notifications they sent, I never paid attention to/received the letters or emails and thus did not respond. Is this legal? If not, what is the law that this violates? Id like to start citing it back to them.
     
    Last edited: Dec 9, 2019
  2. Zigner

    Zigner Well-Known Member

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    Read your contract. I suspect that all they need to do is notify you as per the notification requirement(s) in the contract. You shouldn't ignore your mail.
     
  3. army judge

    army judge Super Moderator

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    Generally one would think NOT.


    If the notices were allegedly sent via email or snail mail, there is no proof of delivery.

    That MIGHT be where you start your discussion, that the company FAILED to provide you notice of the "changes".

    If you are told, we emailed you notice, or snail mailed you notice, all you need to say is that you never received said notice.


    I wouldn't worry about the legalities, I'd simply request that your account be refunded any amounts that you did NOT authorize.

    I'd use written correspondence to make my requests.

    I'd send the request by US Priority Mail because you'd be able to PROVE when the item was delivered and WHO signed for it.

    I'd await their response.

    Forget citing the law to anyone.

    No one has to obey the law because a person says everyone must do XYZ.

    People go to court to resolve disputes.

    Don't over complicate this.

    Do be professional, polite, and civil.

    Always be brief, come to the point, ask your question, or state your demand.
     
    DrCompton likes this.
  4. zddoodah

    zddoodah Well-Known Member

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    I bet you won't make that mistake again.

    What you described is not illegal. Whether you can be made to pay for the services depends on the terms of your contracts with these companies.
     
  5. flyingron

    flyingron Active Member

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    Credit card agreements that you signed when you took out the card originally, almost certainly do include the right of the issuer to change (including charing additional money for) terms upon notice to you. You usually have the right to opt out.

    I disagree that just claiming you didn't receive notice, especially if it involves making intentionally false statements, is a good idea, nor likely to make the charges go away.
     
  6. adjusterjack

    adjusterjack Super Moderator

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    I'll bet they have some way of proving that the emails were sent and received by you.

    Pay attention in the future.
     
  7. DrCompton

    DrCompton Law Topic Starter New Member

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    Huh? What mistake did I make? I have no obligation or service level agreement to read my mail or emails. Its on my own time and discretion. Its not standard practice to offer and assign people new services through snail or email, without getting confirmation they received it. Its a loop hole and sneaky. If this was the case, we would all be managing dozens of emails and snail mails to decline them all. It would become a full time job for the consumers and businesses. Cant be legal and was hoping someone herek new the law it was tied to. I have seen Class Action Lawsuits for similar tricks. Thanks for all the reply.
     
  8. DrCompton

    DrCompton Law Topic Starter New Member

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    Thanks. I never received these notices hence why I find it hard to believe they were ever sent. Im pretty diligent in my paperwork.
     
  9. DrCompton

    DrCompton Law Topic Starter New Member

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    I work in IT. They can prove they sent them but they cannot prove I personally received them. That would take a full investigation by both vendors. Its not that serious for anyone but me hence why Im looking for any laws that apply. It also requires operation of my mind, which no ones has. I have done as others suggested to request for refunds and it was granted.
     
  10. DrCompton

    DrCompton Law Topic Starter New Member

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    I never said I ignored my mail. I never got it, and find it hard to believe they can do that without confirmation. Thanks
     
  11. Zigner

    Zigner Well-Known Member

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    AGAIN - read your contract. I'm going to paraphrase, but you're going to find that notice is considered given once they send it to you via US mail (or email). Nothing has to be received.
     
  12. zddoodah

    zddoodah Well-Known Member

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    You made the mistake of "never [paying] attention to . . . the letters or emails" you received from the entities who sent them to you.

    You're right, but that doesn't mean there are consequences to not doing it.

    Hardly. I get emails regularly from my credit card issuers and read them in enough detail to ensure nothing's happening that I don't want. It takes maybe five minutes per week on the average.

    I agree that this is likely correct. Most likely, the company would only have to prove mailing or emailing to a physical or email address provided by the customer. That's phenomenally simple to do. Whether the mailings were actually received is likely irrelevant.
     
  13. flyingron

    flyingron Active Member

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    Some agreements allow you to authorize email changes of terms but usually, it's done by snail mail. And as pointed out, all they have to do is show they sent it (on your side, all you have to do is show you sent your decline of the new agreement).
     

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