Legal Question in Credit and Debt Law in Texas
Online Contracts
In early June I visited the website of a Christian ISP. They had a link offering a ''free trial''. I followed the link to find that the form did not work correctly. I proceeded to call their tech support number. The guy who took my call informed me that I could use the ''regular'' sign-up page and be given the trial since the other form was not working. I filled out the form and pressed ''SEND''. It didn't appear to work as I got a page telling me there was a CGI error. I gave up and moved on. Then, several weeks later, I begin receiving bills from them. Before that I had not had any contact from them: no confirmation, no instructions, nothing. Now I'm getting threats from both them and a collection agency that they appear to own. I receive e-mails calling me a ''thief'' and a ''liar''. The bills get bigger and bigger. I've been threatened with misdemeanor and/or felony charges. They have a bad history with the BBB. Do I have to pay them?
2 Answers from Attorneys
Re: Online Contracts
No, you don't have to pay them. Since the payment was by credit card (I'm guessing) simply write to the credit card company, explain what happened and tell them you want the charge removed. Tell the other company that their harassment is against the law and to stop. Call me at 713-465-1456 if you have any questions.
Re: Online Contracts
Hello -
The general rule in life is: you get what you pay for. In law, the same is true. If you have received no services, no benefits, no anything -- then you should not owe for anything. My concern here is the protection of your credit report/rating and the infringement of rights you may have which are protected under state and federal fair debt collection practices acts. Threats and name-calling are far from proper and may be legally-actionable itself. I would encourage you to personally write the company and exercise your rights or retain an attorney to do some letter writing for you. Most attorneys will help you resolve a matter such as this through letters for $100 or less. Our office, for example, charges $65. Sometimes a firm letterhead can have a dramatic effect. Either way, the harrassment and trouble should end.
If you have further questions or if you would like to consult with me, please feel free to e-mail me at: [email protected] or call 254.756.5004 Either way, I wish you the best of luck with this.
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