David
Providence,#2Consumer Suggestion
Wed, March 07, 2007
It is imperative that you take action immediately on this issue. For one, contact your financial institution and inform them that your account has been illegally charged without your approval for these charges. If it has been within 60 days you may be able to get some or all of your money back. Don't worry about your credit card company getting mad about losing that money either--they do what is called a "chargeback" where the original recipient (in this case SMC)'s bank account is deducted of the amount in question. Now, go to the post office and send a certified letter (return receipt requested) to SMC informing them that you order them to cease and desist all collection activity on your account, and that they immediately stop charging any account that you may have for any past or future payments. This will be sent to SMC, and as soon as you receive proof that they received the letter, you suddenly have the legal edge. Now, file away your documentation showing that they received the cease and desist letter. Why? Because under the Fair Debt Collection Act, this will force them to either stop harassing you, or take you straight to court. And no, this doesn't mean a warrant for your arrest; not only is it illegal for them to threaten to have you arrested, they can be fined up to $1000 each time they do so (and that money can be collected by you as punitive damages). Now that you have filed this documentation, one of two things will happen. 1: They will cancel your membership and never bother you again. If so, then any money you aren't able to recover will be a lesson learned. Of course, you may be able to file charges in small claims court, and if you feel like going that far, you will almost definitely win some or all of your money back since you kept so good of paperwork. 2: The second possibility is that they sue you. They won't try to arrest you; they will instead have to get a judgment against you in court (read: flying a lawyer over from Cali and paying potential court and legal fees to collect a $474 debt is generally not something that will happen). If you get in court with them, show the judge your documentation...the fact that they changed your date of membership means that they will be liable legally for various fines and penalties, and possible criminal charges, and you may manage to actually *make* money from all this. So getting in a courtroom with them is actually to your best advantage (although you may wish to speak to a lawyer who may be able to help you better than I in your crusade). Either way, they will probably try to put something on your credit report. In my honest opinion, I don't really care for the credit report/credit score. I don't borrow money, and as I dont borrow money, I don't need a report showing how well I can borrow money. Millionaires who never borrow money and have more money than they could ever need generally have a zero credit score, and it doesn't hurt them much. But either way, as it can hurt employment and other things to have a bad credit score, you will possibly need to fax your information that you have to your credit reporting agencies (transunion, equifax and spherion) showing them the proof that SMC is in the wrong. After they determine that you are in the right, they will be able to assist you in removing any negative report from the credit score. Whatever you do, don't panic, and don't let these people push you around. There are ways to make money out there from home without having to give your own money. If SMC's products sold so well, they would sell them on their own, not get you to do it for them. Don't think that they have your interests at heart, because NO publicly traded company is going to forego vast amounts of profits to "pass the opportunity on" to someone else to make that same profit.