Legal Question in Civil Litigation in California

Adult websites

An adult site pop-up appeared on my screen. I thought I x'ed out but I apparently accepted. This pop-up happened 3 times (every 30 minutes). I never went to a site.The pop-up went away. I was billed $350 for 3 log ons to the site. The billers admit to me that it is very easy to log on instead of exiting. Will not let me speak to a supervisor. I have written a letter explaining everything, sent certified mail. The lady I always must talk to is so rude and says I have to pay.''There are no accidents'' she says over and over. Several times she put me on hold to explain to her supervisor. Comes back on and says I have to pay the money.


Asked on 3/21/03, 6:47 pm

4 Answers from Attorneys

Robert Mccoy Law Office Of Robert McCoy

Re: Adult websites

You may have a violaiton of the Fair Debt Collection Practices Act or the Fair Credit Reporitng Act. If you are being billed, but have not paid the debt, and if you are reported to a credit reporting agency, you may have a cause of action worth pursuing.

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Answered on 3/25/03, 7:46 pm
H.M. Torrey The Law Offices of H.M. Torrey

Re: Adult websites

from the facts given so far, this appears to be a fraudulent act by this adult internet company to exort payment from you. you may want to have an attorney write a letter on your behalf to have them cease and desist such fraudulent ways in trying to extort money from you immediately or face legal action. this company should be reported as well as it is most likely doing the same thing to many others. if you would like further legal assistance in this matter, feel free to email me promptly.

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Answered on 3/21/03, 7:04 pm
Adam Telanoff Telanoff & Telanoff

Re: Adult websites

contest the charge with your credit card company, and file a complaint with the Dept. of Commerce.

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Answered on 3/21/03, 7:06 pm
Robert F. Cohen Law Office of Robert F. Cohen

Re: Adult websites

I don't understand how they could get any of your information unless you provided it. If you typed in your information, including credit card number, you may be presumed to have assented to the terms and conditions. On the other hand, there recently was a ruling that typing in a credit card number to verify you're an adult and there would be no charges -- and people were charged -- was fraudulent.

Does this show up on your credit card bill? How did they get that information? On your phone bill? The same question. I don't know if you've provided enough information to fully evaluate this matter. If you wish to discuss it further, feel free to call me at (310) 858-9771. -Robert F. Cohen, Esq.

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Answered on 3/21/03, 7:33 pm


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