I kept getting a call from this CMS stateing that I had won a 3 month free magazine order. They said that I had to give them my CC (check card) number to verfiy my age and address ect. I figured no harm. So I did. Two days later they carged my check card for like $58. I call them and they said that I had agreed to a four year order of five different magazines. Not remembering if I did or not I went a long with it they stated that they would debit this amount every month on the same day. Great. Then like four months later they did it three day early and bounced a check or two.
I fix it thinking I had gotten the dates wrong this happend for the next three months every time the date got closer to the first of the month. Still bounceing check. Tick off I cancled my card. They still drafted my account for the amount. So I put a hold on the account. I then got a call like the next month saying my account was overdue. I told the girl to just send me a bill every month and I would wright them a check.
No bill. They then call me at work.By the way I work for a bank as a legal rep.: D. They told me that I had a verbal contract to up hold. I cut the girl off and told her that, "yes and under the trems of that contract my account would be drafted at a certain time every month that they had violated. And that I would be sending them records shows this and the free incrued due to this premature drafting. If they did not refund that amount I would sue them. Under MISSISSIPPI state law they were in breach of contract rendering it null and void. And since they drafted my account after I had told them to stop they can be sued for eletronic funds theft, the constant calling is harassment and fraud due to they lack of ability to cancel. The money was back in a week. A letter was sent to my house stating they were sorry and they magazines stop so did the calls..
Check with a lawyer about your rights in this type of issue.
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