celticwonder
Junior Member
Worried: Signing a full "General Release of Claims" form over a simple billing error?
What is the name of your state (only U.S. law)? CA
I had signed up with Credit Solutions a year and a half ago, and according to the Account Agreement form I signed then, automatic monthly debits of my checking account were to have ceased at the end of January this year. Their automated billing department made an error and withdrew another payment of $201 in February. I had brought it to their attention in March and didn't get far with them "getting back to me" after "researching the problem", then again earlier this month I received no response until I called days ago and essentially got it settled.
The issue I have at this stage is as follows: before refunding the overcharge, they want me to sign a "Complaint Resolution" agreement that has two parts to it, the first part addresses this specific incident (which I'm fine with), but the second part entitled "GENERAL RELEASE OF CLAIMS" appears to be worded in such a way that I would be waiving all rights to any legal recourse related to all past or future disputes, should they arise, forever and ever. Since I currently cannot predict the future, unnecessarily discharging any company I am currently a client of "forever" makes me feel entirely uncomfortable . I had enrolled a total of six credit accounts with them, two of them have since settled (the 3rd and 4th largest of the 6), so thus far I have been relatively happy with the progress, but I don't see any legal reason whatsoever for signing away an all-encompassing claims release for a simple billing error (the refund in my bank statement would clearly suffice).
The section reads:
"I, the undersigned, for and in consideration of [the amount] certify that I forever release and discharge Credit Solutions of America, LLC, its agents, attorneys, servants or employees, and their respective successors, assigns, personal representatives (collectively, “Credit Solutions”), from any and all rights, claims, demands, actions or causes of action based upon breach of contract, breach of warranties, deceptive trade practices, strict liability, negligence, gross negligence, bad faith, any cause of action based upon any tort, any cause of action, whether now known or unknown, any claim for exemplary damages, any claim for property damage, any claim for theft, any claim based upon any violation of any statute, law, or ordinance, which arises out of or otherwise incident to any alleged actions of Credit Solutions.
"I understand that this money is being paid without the admission of any liability upon the part of anyone, including, but not limited to Credit Solutions, which liability, I understand is expressly denied. I understand and agree that the payment made pursuant to this release is made for a disputed claim and would not be paid but for my execution of this General Release and I accept this payment in full satisfaction of any known or unknown claims, whether in tort or contract in any way associated with or related to Credit Solutions. I have read the above and accept the terms of this General Release. I have had the opportunity to consult with my own attorney or have consulted with my own attorney and have not been pressured to sign this General Release. I understand this represents the final resolution of any and all claims I might have against Credit Solutions and any subsequent attempt to bring a claim against Credit Solutions based on any conduct that occurred before the date of this release will be forever barred by my acceptance of the payment made pursuant to this release."
I revised the form before signing and sending it back, editing the section I'm concerned with to read "related solely to this singular, specific instance", where appropriate. Their response was "Unfortunately, we are unable to accept the refund letter if it has been revised. We are aware that it was our error in overcharging you on your service fees, and we do apologize for that, are very willing to issue the refund to you. Please sign and date the unrevised refund letter, so that we can process your refund in a timely manner."
What should I do about this? Am I being overly cautious? Should I seek legal counsel or call the DA or BBB? I do feel pressured now at this point -- what if something happens where I DO become unhappy with their service in the future due to a breach of contract on their end?What is the name of your state (only U.S. law)?
What is the name of your state (only U.S. law)? CA
I had signed up with Credit Solutions a year and a half ago, and according to the Account Agreement form I signed then, automatic monthly debits of my checking account were to have ceased at the end of January this year. Their automated billing department made an error and withdrew another payment of $201 in February. I had brought it to their attention in March and didn't get far with them "getting back to me" after "researching the problem", then again earlier this month I received no response until I called days ago and essentially got it settled.
The issue I have at this stage is as follows: before refunding the overcharge, they want me to sign a "Complaint Resolution" agreement that has two parts to it, the first part addresses this specific incident (which I'm fine with), but the second part entitled "GENERAL RELEASE OF CLAIMS" appears to be worded in such a way that I would be waiving all rights to any legal recourse related to all past or future disputes, should they arise, forever and ever. Since I currently cannot predict the future, unnecessarily discharging any company I am currently a client of "forever" makes me feel entirely uncomfortable . I had enrolled a total of six credit accounts with them, two of them have since settled (the 3rd and 4th largest of the 6), so thus far I have been relatively happy with the progress, but I don't see any legal reason whatsoever for signing away an all-encompassing claims release for a simple billing error (the refund in my bank statement would clearly suffice).
The section reads:
"I, the undersigned, for and in consideration of [the amount] certify that I forever release and discharge Credit Solutions of America, LLC, its agents, attorneys, servants or employees, and their respective successors, assigns, personal representatives (collectively, “Credit Solutions”), from any and all rights, claims, demands, actions or causes of action based upon breach of contract, breach of warranties, deceptive trade practices, strict liability, negligence, gross negligence, bad faith, any cause of action based upon any tort, any cause of action, whether now known or unknown, any claim for exemplary damages, any claim for property damage, any claim for theft, any claim based upon any violation of any statute, law, or ordinance, which arises out of or otherwise incident to any alleged actions of Credit Solutions.
"I understand that this money is being paid without the admission of any liability upon the part of anyone, including, but not limited to Credit Solutions, which liability, I understand is expressly denied. I understand and agree that the payment made pursuant to this release is made for a disputed claim and would not be paid but for my execution of this General Release and I accept this payment in full satisfaction of any known or unknown claims, whether in tort or contract in any way associated with or related to Credit Solutions. I have read the above and accept the terms of this General Release. I have had the opportunity to consult with my own attorney or have consulted with my own attorney and have not been pressured to sign this General Release. I understand this represents the final resolution of any and all claims I might have against Credit Solutions and any subsequent attempt to bring a claim against Credit Solutions based on any conduct that occurred before the date of this release will be forever barred by my acceptance of the payment made pursuant to this release."
I revised the form before signing and sending it back, editing the section I'm concerned with to read "related solely to this singular, specific instance", where appropriate. Their response was "Unfortunately, we are unable to accept the refund letter if it has been revised. We are aware that it was our error in overcharging you on your service fees, and we do apologize for that, are very willing to issue the refund to you. Please sign and date the unrevised refund letter, so that we can process your refund in a timely manner."
What should I do about this? Am I being overly cautious? Should I seek legal counsel or call the DA or BBB? I do feel pressured now at this point -- what if something happens where I DO become unhappy with their service in the future due to a breach of contract on their end?What is the name of your state (only U.S. law)?