Legal Question in Consumer Law in Maryland

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A minor (age 12) signs up for a computer internet service (AOL 1000 Free Hours) using the home phone number as a payment method, then believes he cancelled the service by deleting it from his computer. After the alotted time for the free use, the service starts billing the phone number. A call was made to the service to report the problem, but they were little help. Even after this call to report the problem, it continued to bill via the phone service. Is the parent responsible for this payment?


Asked on 4/23/02, 1:21 pm

1 Answer from Attorneys

G. Joseph Holthaus III Law Offices of G. Joseph Holthaus

Re: Unfair Billing Practices of Internet Service Providers

First, the free hours were to be for "hours as used". If you do not use the number of hours, or have discontinued use of the service, then there

should be no further charges. BUT, read the agreement very carefully. Often these agreements say, "Free Hours" that are subject to a minimum monthly charge, or

some other language that does not square with the free offering. Look for funny tick marks referenced to very small print. Arguably a deceptive practice.

Technically, "no the parent is not responsible for the charges." Practically, it depends

on the amount of the charges and how far you are willing to go to solve the matter. As a lawyer, I was confronted with such an irregular business practice by a similar organization.

In the end, I found it best to pay the charges and cease further business with them.

To properly cancel, I suggest you notify by each of these ways. Keep documentation!!

1) e-mail through every e-mail address you can locate,

2) notify the corporate head quarters by first class mail,

3) get the address for the subscription service and send them a letter certified mail, return receipt requested.

Each letter should specify the account number, that the service is cancelled with no renewal, and that you will not pay for

any service after a stated date of cancellation. Guess this goes to show that nothing is free.

I find it rugnant that our elected officials have let this fester. Consumer oriented law is needed.

Laws are available to seek re-dress but it is complex and time consumming. I am interested in receiving e-mail from others

so as to apprise the suitability of a class action.

On another, related internet matter, call your phone company. Tell them to enable a blocking option so that you will not be liable for any on-line long distance or user charges.

Some search engines and sites charge user fees or bill back an long distance charge. Enabling this option "almost" precludes them from charging your phone bill. The phone

company will offer you a "paid option" or a "free option". There is absolutely no guarantee with the "free option". Ask for the "paid for option" and then ask for a fee waiver. The fee and waiver should be on your phone bill. But even with this, there is no "iron clad" guarantee as some services route the traffic out of the country to get around Federal law.

I suggest a letter to your elected representative outlining the consumer abuse that has taken place.

Good Luck.

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Answered on 4/23/02, 3:43 pm


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