I don't know if I agreed to anything with this company. I saw a cryptic charge on my credit card bill and disputed the charge with the hopes that I would hear back from the company to determine whether or not the charge was legitimate. I will post below the reponse I received from the "Vice President of Collections".
While reading this, please keep in mind that I disputed one charge once.
Some of you may have read part of the e-mail in another consumer complaints, as I know one exists. I found usacomplaints.com when I did a search on the company's name.
Please be advised that we have received notification from your bank of your claim that Eroticy.com/WebCapades has charged your credit card in a fraudulent matter and that the card or card number in question was either lost, stolen, or otherwise misused without your authorization. Pursuant to our terms and conditions, and to comply with our corporate policy, we have fully investigated this matter and found that this is not the case. Please find below the information that we have collected from our database, logs, and documentation.
Name (s): Marie
My Address was here.
Account: an account number was here
Sign Up Date: Fri Jun-24 20:00: 00 EDT
IP Address (s) Used: an IP address was here
Email Address (s): my e-mail address was here
Photos Archived: Yes
Emails Archived: Yes
Chat Transcripts Archived: Yes
The terms and conditions that you agreed to when you signed up for our service specifically restricted you from making such fraudulent accusations and provided clearly called for remedy to WebCapades, Inc.in the event that you did so. Please read this excerpt from our Membership Terms and Conditions that you agreed to when you signed up on the above date using the above IP address.
"Payment for the services provided to you at and/or through Eroticy.com may be made by automatic credit card charge or direct withdrawal from your checking account and you hereby authorize Company and its agents to transact such payments on your behalf. You agree not to report as lost or stolen any credit card which you have used in conjunction with payment to Eroticy.com, or as unauthorized any charge by Eroticy.com, for any goods or services, including subscription, for which you do not have good reason to believe, is, in fact, lost, stolen or unauthorized.
You hereby agree that any such fraudulent reporting of a lost or stolen credit card used to obtain goods or services from Eroticy.com or any fraudulent reporting of an unauthorized charge to Eroticy.com on your credit card which has been made by you or anyone under your authority, at a time when a charge or other obligation for payment for goods and/or services to Eroticy.com remains outstanding at the time of such fraudulent reporting, you shall be liable to Eroticy.com for liquidated damages of $25,000.00. The liability for liquidated damages specified in this Paragraph shall not limit any other liability you may have for breach (es) of any other terms, conditions, promises and warranties set forth in this Agreement."
This email will serve as notification of this violation of our mutually agreed upon Terms and Conditions. If this matter is not resolved, we will take further action which could include filing a complaint seeking civil damages of $25,000 plus legal fees and court costs, notifying the Trans Union, Experian, and Equifax credit reporting agencies of your forfeited debt and pending liability, and establishing an outbound telemarketing campaign in attempts to resolve the matter.
We will accept your settlement of this matter WITHIN TEN (10) DAYS OF THIS EMAIL by form of a money order or certified check in the amount below sent to the following address:
WebCapades
Attention - Collections
36181 East Lake Road, Suite 121
Palm Harbor, FL 34685
The Money Order Will be made in the following amount:
$50.00 Bank Fee Per Charged Transaction X 6 = $300.00
$24.95 Per Charged Transaction X 6 = $149.70
$50.00 Processing Fees = $50.00
Total: $499.70
If we receive this certified check or money order within ten (10) days of this email, you will receive an email releasing you from any and all liability that your actions have caused. If we do not, your account will be submitted to a third party collection agency and we will do everything within our rights to recover our loss.
Sincerely,
Pat
Vice President, Collections
WebCapades, Inc.
Notice to recipient: this e-mail is meant for only the intended recipient of the transmission, and may be a communication privileged by law. If you received this e-mail in error, any review, use, dissemination, distribution, or copying of this e-mail is strictly prohibited. Please notify us immediately of the error by return e-mail and please delete this message from your system. Thank you in advance for your cooperation.
I have $500 lying around in just the same manner I have $25,000 lying around if I even considered paying it.
This to me is an extreme over-reaction to a charge dispute on a credit card... Even if the charge was legit. I'm still not convinced that it is. I'm not even sure you can "serve as notification" via e-mail. This is a dishonest, ill-conceived practice of this company.
Marie
Gainesville, Florida
U.S.A.
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