Tim
Grand Haven,#2Consumer Comment
Sat, August 30, 2003
Jacqueline is probably entirely correct in stating that your over-the-phone opt out of the renewal program may be hard to prove, but I have an idea that may make it a little easier, if you are willing to go through the trouble. Most of these telemarketing companies that have recurrent billing situations record their sales calls so that when someone disputes their bill the company can refer to the taped conversation and show that the customer did in fact agree to be recurrently billed. In your case, you assert that you explicitly stated that you did not want to be enrolled in such a program. If they taped a conversation to which you were a party, you may be entitled to a copy of said recording, which, as you assert, would include your verbal opt-out. If you did in fact tell the marketer that you were not interested in said program, this taped conversation may be easily accessible proof of this. My advice is to call the company and ask if they record their sales calls. If they do, ask to speak to a supervisor and let them know that you would like a copy of your call and that you intend to use this tape as evidence against them should it come to a court proceeding. I would imagine this would be enough to bring them around to your point of view. If they refuse to provide you with said taping, you may want to proceed to your local district court and file a small clims case against them, and ask the court to assist you in acquiring any such records that you are entitled to. I hope this advice helps you out, but please keep in mind that I am not a lawyer and this is not necessarily competent legal advice.
Tim
Grand Haven,#3Consumer Comment
Sat, August 30, 2003
Jacqueline is probably entirely correct in stating that your over-the-phone opt out of the renewal program may be hard to prove, but I have an idea that may make it a little easier, if you are willing to go through the trouble. Most of these telemarketing companies that have recurrent billing situations record their sales calls so that when someone disputes their bill the company can refer to the taped conversation and show that the customer did in fact agree to be recurrently billed. In your case, you assert that you explicitly stated that you did not want to be enrolled in such a program. If they taped a conversation to which you were a party, you may be entitled to a copy of said recording, which, as you assert, would include your verbal opt-out. If you did in fact tell the marketer that you were not interested in said program, this taped conversation may be easily accessible proof of this. My advice is to call the company and ask if they record their sales calls. If they do, ask to speak to a supervisor and let them know that you would like a copy of your call and that you intend to use this tape as evidence against them should it come to a court proceeding. I would imagine this would be enough to bring them around to your point of view. If they refuse to provide you with said taping, you may want to proceed to your local district court and file a small clims case against them, and ask the court to assist you in acquiring any such records that you are entitled to. I hope this advice helps you out, but please keep in mind that I am not a lawyer and this is not necessarily competent legal advice.
Tim
Grand Haven,#4Consumer Comment
Sat, August 30, 2003
Jacqueline is probably entirely correct in stating that your over-the-phone opt out of the renewal program may be hard to prove, but I have an idea that may make it a little easier, if you are willing to go through the trouble. Most of these telemarketing companies that have recurrent billing situations record their sales calls so that when someone disputes their bill the company can refer to the taped conversation and show that the customer did in fact agree to be recurrently billed. In your case, you assert that you explicitly stated that you did not want to be enrolled in such a program. If they taped a conversation to which you were a party, you may be entitled to a copy of said recording, which, as you assert, would include your verbal opt-out. If you did in fact tell the marketer that you were not interested in said program, this taped conversation may be easily accessible proof of this. My advice is to call the company and ask if they record their sales calls. If they do, ask to speak to a supervisor and let them know that you would like a copy of your call and that you intend to use this tape as evidence against them should it come to a court proceeding. I would imagine this would be enough to bring them around to your point of view. If they refuse to provide you with said taping, you may want to proceed to your local district court and file a small clims case against them, and ask the court to assist you in acquiring any such records that you are entitled to. I hope this advice helps you out, but please keep in mind that I am not a lawyer and this is not necessarily competent legal advice.
Tim
Grand Haven,#5Consumer Comment
Sat, August 30, 2003
Jacqueline is probably entirely correct in stating that your over-the-phone opt out of the renewal program may be hard to prove, but I have an idea that may make it a little easier, if you are willing to go through the trouble. Most of these telemarketing companies that have recurrent billing situations record their sales calls so that when someone disputes their bill the company can refer to the taped conversation and show that the customer did in fact agree to be recurrently billed. In your case, you assert that you explicitly stated that you did not want to be enrolled in such a program. If they taped a conversation to which you were a party, you may be entitled to a copy of said recording, which, as you assert, would include your verbal opt-out. If you did in fact tell the marketer that you were not interested in said program, this taped conversation may be easily accessible proof of this. My advice is to call the company and ask if they record their sales calls. If they do, ask to speak to a supervisor and let them know that you would like a copy of your call and that you intend to use this tape as evidence against them should it come to a court proceeding. I would imagine this would be enough to bring them around to your point of view. If they refuse to provide you with said taping, you may want to proceed to your local district court and file a small clims case against them, and ask the court to assist you in acquiring any such records that you are entitled to. I hope this advice helps you out, but please keep in mind that I am not a lawyer and this is not necessarily competent legal advice.
Jacqueline
Hammond,#6Consumer Suggestion
Wed, August 20, 2003
You have to change your account number or cancel that card, because they will continue to make withdrawals, even while your dispute department confronts them. You cannot receive that free trial without becoming a member of their mail order service. Whoever you spoke to lied. In addition, saying "No" by phone does not leave you with much proof of your business transaction. Just for thoroughness and safety, you need to send them a written letter--Certified Signature Required, ordering them NOT TO SEND ANYMORE of their product. Clearly state you are NOT a member, and have no intention of joining in the future. They are not to make any further withdrawals from your account, which would constitue THEFT. It may seem futile, but you need this for the record, and to rule out reoccuring problems. Demand a full refund. Even while your credit card disput department handles, add the request of a FULL REFUND to the letter for the record. There is more access information here, if you or your credit card need it through Keyword: Lifekey or Category: Alternative Health. Hope this helps.