Stupid but Innocent, what do I do

[cheesecakemarty]

What is the name of your state (only U.S. law)? NY State
Hi Guys
I'm new to this forum ( ive never really had any legal issues in my life ! )
Back on the 24th september I received an email out of the blue that I assumed was a spam / junk email that I normally glance at and then disregard, it was from an adult webcam site, the email contained a login and password for their site to be able to use their services, it was an email like the email you get when you sign up with a credit card, however I didn't ever sign up for the site, Just was provided with an email address and login, so I assumed it was a promotion or something, so I logged in with the information provided and used their site, It is a pay per use site so there is a charge that was shown everytime I signed in, which foolishly I thought was just part of the promotion.
About 10 days later the login didn't work anymore so I didn't think anymore about it, then a couple of days later I got an email containing this

"We have been notified by our billing company that they have processed adispute from your card for $300.52. We have logged your IP address, the chat logs, and all other informationin regards to your use of Streamate. This information will be submittedto the local law enforcement officials at the location of the IP addressthat we have verified with the Computer Crimes Department and if thisproves to be you, you will be charged for felony credit card fraud andidentity theft. As a result of this fraud claim, this card has been blocked from beingaccepted at Streamate and all other websites our billing providerhandles. Your Streamate account has also been closed and cannot be accessed. We hope this was only a misunderstanding of the Streamate terms of use,and we would prefer to avoid formalizing this process with your locallaw enforcement agency. Again, your credit card is charged only when you access the pay areas ofour site. The charges are a per minute charge and are clearly statedbefore you enter any pay areas"

They are threatening me with Credit Card fraud, even though I didn't ever use a credit card to sign up for their site, after exchanging numerous emails with them they state that the IP address used to login and use their site and the IP address used to sign up for their site are the same which is impossible as the first contact I had with their site was the one containing the login information, however in the initial email I received from them with the login information this was in there

"Greetings, ben! Your member account has been activated. Remember you have to login from [url=http://www.brazzersnetwork.com/members]Brazzers Members Login[/url] to get access to all Brazzers sites!
Approval: APPROVEDTrans Date: Wed 2008-Sep-24 06:09:54 GMTType of Card: MCCard Number: xxxxxxxxxxxx3017Exp Date: 0811"

My name isn't Ben, and I don't have access to a Mastercard, its almost as if someone registered for their site but used my email address to send the login information
What do I do, will the local law enforcement really contact me about this if I don't pay this amount ? yes I did use the account, and technically I did incur the charges, but I wasn't aware someone was actually being billed and thought It was just a spam / junk email that I got lucky on because It worked.

Do I just pay it, what is the worst that can happen, what Can I do when they're stating that the IP address used to sign up for the site is mine when I KNOW that its not and its almost as if they're lying, I've asked for written proof and all the relevant information regarding it so I can decide what happened but they're refusing without a Subpoena and I don't want to hire a Lawyer for a $300 charge as it would be cheaper to just pay the charge, however I don't want to pay the charge if this is a scam designed to dupe people into using their site.

Any advice / help would be greatly appreciatedWhat is the name of your state (only U.S. law)?

[outonbail]

If you have a copy of all the e-mails you received from this company, you can contact Master Card and tell them what has happened. If this is really a scam, then MC should know about it.
If it was really another persons credit card, they you will be admitting that you did use a CC that didn't belong to you and that you were not authorized to use.

If this company is refusing to provide you with information to support their claim, then it is probably a scam.

By having used a CC that doesn't belong to you, you set yourself up for either their scam, or for an arrest.

You knew the E-mail wasn't directed to you or requested by you. So either way, you should have just deleted it.

Were you on your computer at the time and on the date this company is reporting that you signed up for this account?

[cheesecakemarty]

I did "technically" use a CC that didn't belong to me, but I didn't know about it, I didn't know an "actual" credit card was connected to the account I was using, and remember the information was sent to me, im not sure If I was on the computer at the time or not to be honest, but I DEFINATELY had no contact with this site until the information was sent to me.
In fact here is a copy of the initial email I received that led me to log on to the site ( I didn't look at the whole email until I was accused of unauthorized use of a CC and didn't see the CC information in it until later

"Greetings, ben!

Your member account has been activated. Remember you have to login from [url=http://www.brazzersnetwork.com/members]Brazzers Members Login[/url] to get access to all Brazzers sites!
Site name: [url]www.brazzersnetwork.comSite[/url]
URL: [url=http://www.brazzersnetwork.com]The World’s Best Porn Site – BrazzersNetwork.com[/url]
User name: martyfarty875
Password: martyfary
Member ID: 110454817692
MERCHANT: Brazzers

---------------------------------------------------------

Customer Information Name: ben greenaway
Country: GB
E-mail: martyfarty**@hotmail.com
Billing Information Approval: APPROVED
Trans Date: Wed 2008-Sep-24 06:09:54 GMT
Type of Card: MCCard Number: xxxxxxxxxxxx3017
Exp Date: 0811Amount: $1.00
Your membership will be rebilled on: Thu 2008-Sep-25 06:09:49 GMT
If you have any inquiries concerning your membership, feel free to chat with one of our support agents available 24/7 at [url=http://www.brazzerssupport.com]Self-Service Support[/url] OR Email us at [email]support@brazzers.com[/email] If you would like to cancel your membership, please visithttps://secure.brazzers.com/nbmembers/002/index.php Enjoy!Brazzers


The only thing in that email that actually belongs to me is the email address, yes I knew the email wasn't directed to me but I thought it was a junk email or a promotion or something and thats when I logged into the site using the info provided

[Peligroso27]

That defense will not work in court. Ignorance is not an excuse for breaking the law.

[outonbail]

I actually suspect that this is a scam of some sort. I did Google brazzersnetwork + complaints, but didn't come up with much there.

However, while you did use the services offered for sale by the porn company, without them receiving any benefit for providing their service to you, it could be argued that you owe them for what you received.

As far as the fraudulent use of the credit card, it would be the person who was named on the card, the CC account holder who would have to report fraudulent use to the CC company, who in turn would come after you with fraud charges.

Since you are only hearing from the porn company, I'd be suspicious of what is really going on.

But you really have no one to blame for getting into this situation but yourself.

I would personally stop all communication with this company and wait to see if you are contacted by the CC company or law enforcement.

[Peligroso27]

The OP had the full intent of defrauding the site by using the card that was not his listed on the initial email. You are not innocent, you are guilty.

I did "technically" use a CC that didn't belong to me, but I didn't know about it, I didn't know an "actual" credit card was connected to the account I was using, and remember the information was sent to me, im not sure If I was on the computer at the time or not to be honest, but I DEFINATELY had no contact with this site until the information was sent to me.

You did actually use a credit card that you had no way of knowing was not connected to an actual account. You then used it enough over the following weeks to rack up almost 300 dollars in fees on a porn site. Although the site had mistakenly sent you the wrong information, it does not alleviate your guilt. You are looking at civil and possible criminal action.

[cyjeff]

While I do not arbitrarily excuse the actions of the OP, this REEKS of scam to me.

If I were you, I would pay for services of an attorney for an hour and ask him/her to send them a cease and desist letter in regards to the collection.

And then I would call the company's IP company and report them.

[cheesecakemarty]

Also i'm not asking to be excused of my actions I understand it was wrong and also feel bad if some guy in England had these charges show up on his credit card account, but I also don't want to justify a scam if that is what it is.
What would the next step if I cut off all communication with the company ? could they directly contact law enforcement like they threatened ? or would it be the credit card company who do that ? my main concern Is I don't want the cops to show up at my door without any notice, and in turn end up being taken away in cuffs !! (i've never commited a crime in my life and don't wish to start now ) if that could happen then i'd rather pay the amount. Also won't an attorney for an hour be almost as expensive as the amount i'd have to pay the company ??

[Peligroso27]

Hope for the best but expect the worst. If you are contacted by police hire a lawyer. If you are summoned for civil proceedings, hire a lawyer. Don't use other peoples credit cards to look at porn anymore, even if you don't think it is attached to an actual card or it seems like just a promotion. How much time did you have to spend on this site to rack up 300 dollars in nine days?

[outonbail]

Also i'm not asking to be excused of my actions I understand it was wrong and also feel bad if some guy in England had these charges show up on his credit card account, but I also don't want to justify a scam if that is what it is.
What would the next step if I cut off all communication with the company ? could they directly contact law enforcement like they threatened ? or would it be the credit card company who do that ? my main concern Is I don't want the cops to show up at my door without any notice, and in turn end up being taken away in cuffs !! (i've never commited a crime in my life and don't wish to start now ) if that could happen then i'd rather pay the amount. Also won't an attorney for an hour be almost as expensive as the amount i'd have to pay the company ??

No one here can know for sure whether this is a scam or not. It certainly sounds like one and if I were a betting man, I'd say someone is trying to scam you.

What I do suggest, is that you do not give these people any personal information. You haven't have you?

If you never personally signed up with this site, then they probably got your IP address from one of the other free sites that you may have visited. But they wouldn't have your other personal information which is required whenever you use your credit card over the Internet.

The chances of any legitimate company sending a members name & password information to the wrong E-mail address is slim at best. This is usually done automatically when you join a site so there is no chance of human error being involved.
Additionally, the person who signed up and provided their CC & personal information (Mr. Greenaway) would be contacting the site administrators to ask why he hasn't been sent his confirmation e-mail himself.

So this whole thing smells like a SCAM. They don't want you to send them money via Western Union or to some city in Nigeria do they? How do they want you to pay them?

Have they provided you with a physical address where you can send a check?
You might ask them for a physical address to send payment to and see how they respond, since scammers usually have a certain way they will accept funds. One that can't be traced to them or one in another country where you are not likely to bother trying to track them down.

If you're so afraid of what repercussions may come your way, then pay the scammers their money and let this be a lesson learned.

BTW, if I was on my computer, logging in at a porn site at "06:09:54" to wax my carrot, I'd remember. But then, I'm not a morning person in that respect,,,,

[cheesecakemarty]

Don't forget thats 06:09 am GMT which is about 5 hours ahead of where I am so that would be 1:00 am in the morning here in NYS, I have been up that late on occasion, but not often.
This the directions I received to make payment
"Make cashier's check or money order for $300.52 in US funds payable to:
Streamate Ref#3358284
PERSONAL CHECKS WILL NOT BE ACCEPTED.
Please mail your cashier's check or money order in US funds to settleyour account and avoid a police investigation:
SM Payment Processing Center
Ref# 3358284
P.O. Box 2468
Seattle, WA 98111-2468"

And this is a sample of some of the correspondence I've received from them
"So wait, what you're saying is that the IP address i'm using now is the same IP address used to submit credit card information to sign up for your website ??
Yes, all IP access isthe same from sign up through to the cancellation of the account onceyour charge backs were received."

( which is a complete lie, as I know I didn't use a CC to sign up, If I had and had been found out I would be paying it to avoid any problems )
This next one was after asking for more information ( IP addresses, dates / times etc )
"You are responsible for all charges. We will not release any other information."

And in response about your question about personal information, then no I haven't even used my name in any emails to them ( although I'm not sure if my name shows up in my email address when they receive it )

I have seriously started considering paying them to make it go away, but my main concern is if I don't then having the cops show up at my door without any notice, can this company send my information to the police directly, or would the credit card company be the ones to contact the police to chase up the debt ? it seems strange that they are the ones chasing the debt, surely if someones card had been charged and they disputed it with the CC company then this porn site would still have their money and the CC company would be the ones out of pocket !!

[outonbail]

The P.O. Box they are asking you to send payment to is also used by some company called "Cambala"
Here's the address I found the same PO box at.

[url=http://www.cambala.com/docs/dterms/]Cambala - Terms of Service[/url]

They have it listed as their "Copyright Agent"

Cambala, P.O. Box 2468, Seattle, WA 98111-2468

Now Cambala, is a city in Uíge, Angola , Africa.

So this smells like the Nigerians are trying another angle at separating people from their money.

[Totalwreck123]

"Please mail your cashier's check or money order in US funds to settleyour account and avoid a police investigation:"

No legitimate company in the United States would use that line in a debt collection matter.

None.

Btw, if these failures to separate words are the actual copy, that's another tipoff. I'm getting angry just reading this nonsense

[Totalwreck123]

Also, there's no one in the United States OR GB with the name of "ben greenaway." I just checked.

Seems like the Nigerian 419'ers have become a bit more sophisticated in their approach since last week. They now have very vivid imaginations but need to work on their placebo names a bit more

[Totalwreck123]

Hmmm. "ben greenaway." The only green that's going to be going away is your green-away into the pockets of this 419 scammer