Legal Question in Consumer Law in Maryland

McAfee automatically renewed a subscription taht I have with them. When I went online to get the information to cancel the subscription, I noticed that the bank card that they used to renew the subscription expired in November 2010. However, they took the payment from the account in January 2011. They told me they are able to do this becasue "they have a relationship with the banks". I called my bank to find out what kind of relationship they have with McAfee that allows this to happen. The bank said there is none. They said that McAfee probably figured out what the new expiration year is, since the card number and expiration month rarely changes, and then submitted it electronically.

This sounds illegal to me, as I am not able to use my expired card when I shop in stores or over the internet. What McAfee should have done was contact me to let me know that hte account information that they have needs to be updated so that they can re-new my subscription. Please let me know if this is a case I should pursue.


Asked on 1/19/11, 1:46 pm

1 Answer from Attorneys

Phillip M. Cook Cook Legal Services, LLC

What are your damages? To "pursue" this, you have to prove that you have damages. It sounds like you don't contest that you owed the money, you are just upset because you feel McAfee took a liberty with your account. I can't disagree with you. In all likelihood, there may be something in the McAfee user agreement that allows them to do something like this. Or, perhaps they are just arrogant.

Consult a Maryland attorney if you want to pursue further. Best of luck.******The above is for informational purposes and does not create an attorney-client privilege.*******

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Answered on 1/24/11, 1:57 pm


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