Recurring Billing Law

[johnstonsimon]

Hi guys, I wonder if anyone would know the answer to a question or where best to do further research.

I'd like to find out whether it's legal to force someone to subscribe to recurring billing or not?

The situation is thus;

I purchased an online which was a pre-order. Because I pre-ordered the game it gave me early access, as well as a discounted subscription should it be purchased prior to official launch day. I in good faith did this and paid for a years subscription using a friends credit card.

Now in order to activate my subscription I'm forced to either agree to have them charge my friend's credit card for future billing, or supply another credit card or paypal details. I don't want to do either. There is not an option to solely activate my subscription and use the service that I've already paid for.

Is this legal?

For info the company is based in California.

Many thanks in advance.

 

[Proserpina]

Yes, it's perfectly legal.

(and very common actually)

 

[johnstonsimon]

I realise it's common practice but surely it's at the very least ethical to have the ability to opt out. At no point during the purchase process was it mentioned that upon activation I'd be 'required' to provide addition future billing details in order to receive the goods I'd already paid for.

 

[Proserpina]

I realise it's common practice but surely it's at the very least ethical to have the ability to opt out. At no point during the purchase process was it mentioned that upon activation I'd be 'required' to provide addition future billing details in order to receive the goods I'd already paid for.

Are you absolutely 100% sure about that?

These things are usually covered in the TOS....

 

[johnstonsimon]

I can't find and despite asking for it it has not been provided.

But think about. Say I order and pay for a take out via the phone for some food that I'll collect in an hours time. I go to the restaurant and they say, sorry you can't have your food unless you give us your credit card details so that we can charge you for something that you or may not purchase in the future. Then they refuse to hand over the food that I have already paid for. Would that be legal?

I see no difference with a subscription based purchase.

Thanks for your help by the way

 

[Proserpina]

I can't find and despite asking for it it has not been provided.

But think about. Say I order and pay for a take out via the phone for some food that I'll collect in an hours time. I go to the restaurant and they say, sorry you can't have your food unless you give us your credit card details so that we can charge you for something that you or may not purchase in the future. Then they refuse to hand over the food that I have already paid for. Would that be legal?

I see no difference with a subscription based purchase.

Thanks for your help by the way

It's neither illegal nor uncommon to attach certain conditions to a purchase

(ie, a condition of buying the game at a reduced rate may be that you agree to sign up for the online service at the time - as is the case with most MMORPGs, for example)

The trick is to read ALL of the fine print before you agree to anything of this nature.

 

[johnstonsimon]

I see thanks. I guess I'll have to wait to see what their actual terms of purchase are. None of the ads that I can find mention a recurring billing requirement or even the terms of use on the site.

Thanks for the advice.