Legal Question in Technology Law in California
AOL Communications Surcharges Assessed Without Warning
Many months ago, we signed up for America Online's "Bring Your Own Internet", at $7.95 per month for unlimited access. When I spoke with AOL's Billing Services Representative, she claimed very adamantly that we should receive a pop-up dialog box upon each connection to AOL's local access number. This dialog, she contends, should warn us when communication surcharges are being applied. However, we have never received a warning, pop-up, or notice of any kind when accessing AOL via a local access number.
Furthermore, when we log off after being hit with these hidden surcharges, we see a message on the log-off screen saying "You have spent 1 minute online. Your pricing plan this billing cycle is unlimited use." This can be perceived as downright deceptive.
The failure of AOL's software to perform as described by their customer service representative is directly responsible for our being unknowingly surcharged. It is wrong and negligent of AOL not to forewarn us each time that surcharges may apply. Therefore, we would like reimbursement of all of the communications surcharges we have unknowingly incurred.
AOL has refused to removes these charges. Do we have any recourse?
1 Answer from Attorneys
breach of contract cause of action
Even though internet law is new what it sounds likeAOL did was a basic breach of contract they agreed to charge you an agreed upon price and yet the charged youa different price. You have a case for Breach of Contractand you can sue them for damages for this breach of contract.My office specializes in internet and contract law. If you still wish to pursue legal action against AOLgive me a call the 888 number is toll free
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