Legal Question in Telecomm Law in California

I have had Earthlink since 1996. I had dialup back in the day, Since 2000 approx. I've had cable or Satellite. I told Earthlink, I wanted to keep my e-mail address and that was all, They charged me $9.95 a month for my e-mail address. I recently cancelled my account, I found out that it cost $ 3.95 a month for and email address. They have been charging me for a Dialup service I don't have. Should I try to recoup my money. Thank you. Lowell Bell


Asked on 7/27/10, 1:47 pm

2 Answers from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

For me it would not be worth suing them for $288, but if you have nothing else better to do, you certainly have nothing to lose by taking them to small claims court.

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Answered on 8/01/10, 1:56 pm
Scott Brear Law Practice of Scott Irvin Brear

Earthlink owns the email address and has allowed you to retain it. Earthlink is their domain just as pacbell.net belongs to AT&T. Is earthlink.net or something similar at the end of your email address? $9.95 was and still is a normal amount charged for this retention. And, the way this is usually done is to bill for the lowest cost monthly service. I did this when I lived in Mexico for a year. I did not REALLY have pacbell service but I used their facilities to receive my emails so i could access them via the web from Mexico. The $3.95 is cheap. In my view you have no cause of action. If you want an email account that is not tied (at least for now) with a monthly service fee use google or yahoo.....even these two are talking about a minimum monthly charge now that they have millions hooked.

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Answered on 8/03/10, 9:38 pm


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