In June I temporarily relocated to Arizona. I was a long-time Prodigy subscriber, but its inavailability prompted me to request the advertised Free Trial of MSN internet access. I considered it unlikely that I would later commit to this service as I was already paying for Prodigy and required retention of my widely known Prodigy email address. I also considered MSN internet access far too expensive
Several months later, I noticed that MSN's Free Trial access stopped working, which I anticipated
In June I ordered (what I thought was) my ONE and ONLY internet service account from MSN, to use with my home PC.
On 9/26/03 I learned that, for THREE (3) CONSECUTIVE MONTHS, MSN had debited my (low balance) bank checking account for NINE (9) UNAUTHORIZED internet service accounts.
9n 9/26/03 and again on 10/3/03, I called MSN Customer Service-Billing. During those two calls I was solicitously reassured that the errors would be corrected immediately and all 27 erroneous debits, totaling $592.65, would be reversed as credits to my checking account.
In addition, Billing Rep 2 promised that if I faxed bank proof, MSN would reimburse me for the NSF charges I incurred when MSN drained my checking account to larger and larger negative numbers. I faxed those bank statements within the same hour.
Below, I describe in detail, an ELEVENTH (11th) internet access account for which, without my consent or knowledge of the account's existence, MSN has withdrawn $21.95 every month, beginning at least as early as October from an absolutely private, unavailable (even to me) DiscoverCard account in my name.
On 10/7/03, I received a call from a woman representing MSN billing (Billing Rep 3), on a day when I was home with flu symptoms, including a fever. This woman (who did not identify herself but your records can do so) treated me with deliberate harassment and antagonism and repeatedly tried to provoke me into arguments by disputing the 27 erroneous debits to my bank account.in short, the discussion was a nightmare. Early in the conversation I advised her I was not well that day and that I wanted to discuss matters the next day, but she was relentless in her appalling conduct and would not accede to this basic request. She clearly did not care that I was the customer and that I was aggrieved by the horrific overbilling errors by MSN. She concluded her malevolence with the incredible pronouncement that I WOULD NOT RECEIVE ANYTHING CLOSE TO A FULL REFUND. I never understood her reasoning, but THERE COULD NOT BE ANY EXCUSE FOR NOT RETURNING MY MONEY, TAKEN WITHOUT MY CONSENT FROM MY BANK ACCOUNT.
The 11TH Account — Unauthorized DiscoverCard Debits
Billing Rep 3 advised me that, incredibly, MSN was also charging me for an ELEVENTH (11th) internet access account by debiting my Discover credit account for $21.95 during every month since October. I can hardly describe my shock when I learned that high monthly charges were accumulating on my credit account without my consent, for a service I did not want, need or use—and at a time when I could least afford this dollar loss. Billing Rep 3 conceded that MSN account activity records showed a long period of inactivity to date on this account.
Billing Rep 3 claims that the Free Trial offer "automatically converted" to a permanent account at the expiration of the Free Trial period. Perhaps this is how MSN WANTED its Free Trial set-up program to have performed, but THIS IS NOT HOW IT IN FACT PERFORMED when I signed up. Nothing in the setup dialog even remotely suggested that the Free Trial internet access would continue indefinitely at my expense. Obviously, the cost issue would have received my attention if it had been present, in which case, I would never have considered accepting the Free Trial offer.
Regardless of the automatic conversion issue, I never created a contractual relationship with MSN because, as I recall, I never disclosed my discover account number to MSN; however, MSN somehow obtained it and commenced monthly charges, without my knowledge or consent.in fact, I distinctly remember, after completing the Free Trial registration, that I was so pleased that a credit card number was not required and that my inaction would default to ISP discontinuation. I shared this experience with friends who I thought might appreciate the same type of Free Trial."
As MSN must be aware, within basic contract law, particularly with consumer contracts, it is axiomatic that contracts are construed against the drafter. This is particularly applicable here, because MSN has 100% control and possession of the evidence of my online [instead of printed/hard copy] Free Trial registration.
MSN's billing system is, at best, seriously flawed; at worst, fraudulent. I have not spent enough research time to determine whether a Class Action is the optimal solution.
Apart from my memory, other facts demonstrate that I simply would not have provided my Discover account number to MSN under any circumstances. I obtained the Discover account for a single Balance Transferit is never used for purchases or transactions such as MSN fees. The balance always remained extremely close to the credit limit, and, I believed until now, the account was not vulnerable to unauthorized charges such as these. Apparently I was wrong because the balance was not close enough to the limit to prevent MSN from insinuating itself into my bill unnoticed.
I also note that I did not notice fraudulent debits earlier, because of paperless billing, I paid electronically/
and because I never used the card..
Current Status-11th account—Billing Rep 3 stated that she would take care of terminating the MSN account causing the unauthorized Discover charges. However, neither Billing Rep 3 nor Microsoft Online has made any effort to stop the ongoing misappropriation of funds from my Discover account. Further, MSN has not yet refunded the sums misappropriated from my checking and Discover accounts or reimbursed the NSF fees it caused and promised to pay.
This has been an absolute nightmare.
Jacqueline
Sedona, Arizona
U.S.A.
0 comments