Legal Question in Consumer Law in California

Long Distance Provider with questionable member agreement

I signed up with an online long distance provider and can't get them to stop charging me. I have been trying to cancel my service since mid-February and 4 times I have received confirmation that it has been cancelled. Call charges and monthly service fees continued to accrue after the confirmations. When I canceled my credit card after they supposedly cancelled my service, they charged me a $10 credit card rejection fee.

Yesterday I received notice that they are turning it over to collections in 2 weeks.

When I notified them that THEY confirmed my account

was cancelled 4 times, they pointed out a clause in their member agreement which I am wondering if it is illegal in itself:

''you are responsible for any charges you may incur

with us by making phone calls regardless of the date

of your termination''

as well as

''you are still responsible for any

bigredwire call charges if they occur after your

cancellation of service or switch to another carrier.''

How can this be legal? What is stopping them from

charging me (or anyone else) indefinitely?

Should I just pay the measly $20.99 fine or should I

wait and sue for damages once my perfect credit record

is stained with this?

1 Answer from Attorneys

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