Telemarketer fraud, please advice

[maennj]

What is the name of your state (only U.S. law)? New York

Hello,

A month ago, my credit card was charged $49 and I received a "Welcoming Letter" from a company thanking me for subscribing to their service and say if you want to cancel the service please sign and return the letter and send it back within 7 days. Two days later, I sent the letter back through normal mail, 2 weeks after I called to confirm and they said they haven't received anything at all. I told I haven't subscribed to anything from you, cancel it now and return my $49. The guys said they can't do anything but he suggested to change my credit card number, I did that and I also successfully disputed the $49 transaction through the bank.

However, since a week ago they kept calling me every day and said you have skipped your monthly payment, I said I haven't subscribed and please stop bothering me, they kept insisting on me so I paid $29 through EFT to shut them up (that was yesterday). Today they called me and said we don't have your credit card number on file we need it so we can charge you monthly. I said I want to cancel my membership and I just paid yesterday, she said you can't cancel and you have to honor the agreement you made on phone. I said please provide proof of my authorization, they played a record of my authorization -which was an epic fail- with someone sounded like a robot authorizing my transaction. I told her that absolutely wasn't my voice, she said I'll put a note on your file that you don't want to pay. I told her, I'm gonna file a lawsuit against you and I will retract yesterday's payment and then I hung up.

Now I'm 100% sure that wasn't me authorizing the transaction. I'm not sure whether they fabricated the record or someone actually stole my credit card number.

So I'm seriously looking to file a lawsuit. First, they said there is no way to cancel your membership and they will keep billing me monthly . Second,they insisted that I pay the $29 before I can get a proof of authorization, so I had to pay it to get my proof and now I know it's not me, I want to get my $29 back.

My question is, how do I do that I'm new here in the country and never went to court. What would be lawyer fees for such transaction ?

Thanks

[Zigner]

Originally Posted by maennj

What is the name of your state (only U.S. law)? New York

Hello,

A month ago, my credit card was charged $49 and I received a "Welcoming Letter" from a company thanking me for subscribing to their service and say if you want to cancel the service please sign and return the letter and send it back within 7 days. Two days later, I sent the letter back through normal mail, 2 weeks after I called to confirm and they said they haven't received anything at all. I told I haven't subscribed to anything from you, cancel it now and return my $49. The guys said they can't do anything but he suggested to change my credit card number, I did that and I also successfully disputed the $49 transaction through the bank.

However, since a week ago they kept calling me every day and said you have skipped your monthly payment, I said I haven't subscribed and please stop bothering me, they kept insisting on me so I paid $29 through EFT to shut them up (that was yesterday). Today they called me and said we don't have your credit card number on file we need it so we can charge you monthly. I said I want to cancel my membership and I just paid yesterday, she said you can't cancel and you have to honor the agreement you made on phone. I said please provide proof of my authorization, they played a record of my authorization -which was an epic fail- with someone sounded like a robot authorizing my transaction. I told her that absolutely wasn't my voice, she said I'll put a note on your file that you don't want to pay. I told her, I'm gonna file a lawsuit against you and I will retract yesterday's payment and then I hung up.

Now I'm 100% sure that wasn't me authorizing the transaction. I'm not sure whether they fabricated the record or someone actually stole my credit card number.

So I'm seriously looking to file a lawsuit. First, they said there is no way to cancel your membership and they will keep billing me monthly . Second,they insisted that I pay the $29 before I can get a proof of authorization, so I had to pay it to get my proof and now I know it's not me, I want to get my $29 back.

My question is, how do I do that I'm new here in the country and never went to court. What would be lawyer fees for such transaction ?

Thanks

You PAID them - that's pretty damning.

[maennj]

The guy said: In order for you to receive the proof, we have to get you out of collection before you can get the proof, then we can resolve the issue and you will get your money back if there was an error. So I had to pay the $29, the next day they called asking for card number I asked them for the proof. They gave me fabricated proof that I authorized them.

So I had to pay them in order I can get the proof (and make sure it wasn't really me authorizing the transaction). Now I'm sure it's not me, I want complaint they wouldn't cancel my billing and return $29 as promised.

[Hot Topic]

So they've "taken" you once by claiming you authorized payment. and you've turned around and let them take you again by buying that "proof" of authorization.

You should hire a lawyer to handle the matter for you before the company ends up with a lot more of your money. Perhaps a request for legal fees can be included.

[maennj]

Thanks for the advice.

One more thing, I checked today at my bank and they have taken $49 instead of $29. Isn't that considered violation of law ?