What is the name of your state? Indiana
I performed a free trail with Gamefly, an online video game rental company.
www.gamefly.com
I cancelled my account before the trail was up, and returned the games the next day. I then proceeded to use my debit card unaware that my account had been charged 70some dollars for the two games i returned, therefore i received numerous overdraft charges. Once i realized this. I contacted GameFly and the refunded me for the two games which i had returned. I then contacted my bank, who refunded me for six of the overdraft charges, but that was as much as they could do without receiving a fax from GameFly stating that the charges they made were in error. So i e-mailed GameFly on this matter asking them to fax my bank. That is all i asked for a simple letter, no money, or anything else. They sent me through loops with the e-mails, so i finally acquired a phone number to call customer service, where i spook to numerous representatives and even one of the supervisors. They also but me through loops, the last man i spook to even hung up on me. And through out all the conversations i held with them i did not raise my voice, i did not get and attitude, and i did not swear. I was rather nice considering i was missing 218 dollars from my account and that they had been dismissing the matter for nearly 6 weeks.
anyway, their terms of use state:
Credit Card Billing – Lost/Unreturned/Damaged Games
You agree to allow us to charge your credit card for the listed purchase price of a game in the following situations:
If you have not returned a game to us within 7 days of canceling your free trial or paid subscription;
If you have lost a game and reported it to us as lost; or
If you have damaged a game whether or not you reported it to us as damaged.
you can view the complete terms of use at:
http://www.gamefly.com/help/termsofuse.asp
anyway, the terms of use clearly states that the games must only be RETURNED within 7 days of cancelling. it says nothing of them receiving it with in 7 days, only that they must be returned. Now, they claimed that they sent me four e-mails on the matter, which is true, i won't deny that, i even read the first one, but i assumed they would receive the games the next day or so (my fault there). I did not however read the other three, because i did not check my e-mail for sometime after that. Now the terms of use, which is what i agreed to when i signed up for this service, said nothing about me checking my e-mail after i cancelled to make sure they received the games. Therefore they charged me for something i did not agree to, in other words, and unauthorized charge. This is what i told them. But they still claimed that it was my fault, even though the terms of use did not say that the games had to be received within 7 days, nor did it say that upon cancellation you must continually check your e-mail. Yet they still refused to fax my bank and e-mail me a copy of the fax as requested.
So my position is this now, i would like to take them small claims court on the matter for $218 (the amount that i am still missing due to overdraft charges) and also any court charges that apply (if no court charges, then just the flat 218, i just don't want to have to spend more money to get my money back, all because they couldn't fax one simple letter).
So i won't to know, is this possible, since i live in Indiana, and i believe they are stationed in California?
Do i have a valid case?
And, is the amount i am now requesting and acceptable amount?
NOTE: up until this point i requested only the fax and no money, but after 6 weeks, and all this effort, i'm getting a bit restless
Any comments or help is greatly appreciated.
Thanks
I performed a free trail with Gamefly, an online video game rental company.
www.gamefly.com
I cancelled my account before the trail was up, and returned the games the next day. I then proceeded to use my debit card unaware that my account had been charged 70some dollars for the two games i returned, therefore i received numerous overdraft charges. Once i realized this. I contacted GameFly and the refunded me for the two games which i had returned. I then contacted my bank, who refunded me for six of the overdraft charges, but that was as much as they could do without receiving a fax from GameFly stating that the charges they made were in error. So i e-mailed GameFly on this matter asking them to fax my bank. That is all i asked for a simple letter, no money, or anything else. They sent me through loops with the e-mails, so i finally acquired a phone number to call customer service, where i spook to numerous representatives and even one of the supervisors. They also but me through loops, the last man i spook to even hung up on me. And through out all the conversations i held with them i did not raise my voice, i did not get and attitude, and i did not swear. I was rather nice considering i was missing 218 dollars from my account and that they had been dismissing the matter for nearly 6 weeks.
anyway, their terms of use state:
Credit Card Billing – Lost/Unreturned/Damaged Games
You agree to allow us to charge your credit card for the listed purchase price of a game in the following situations:
If you have not returned a game to us within 7 days of canceling your free trial or paid subscription;
If you have lost a game and reported it to us as lost; or
If you have damaged a game whether or not you reported it to us as damaged.
you can view the complete terms of use at:
http://www.gamefly.com/help/termsofuse.asp
anyway, the terms of use clearly states that the games must only be RETURNED within 7 days of cancelling. it says nothing of them receiving it with in 7 days, only that they must be returned. Now, they claimed that they sent me four e-mails on the matter, which is true, i won't deny that, i even read the first one, but i assumed they would receive the games the next day or so (my fault there). I did not however read the other three, because i did not check my e-mail for sometime after that. Now the terms of use, which is what i agreed to when i signed up for this service, said nothing about me checking my e-mail after i cancelled to make sure they received the games. Therefore they charged me for something i did not agree to, in other words, and unauthorized charge. This is what i told them. But they still claimed that it was my fault, even though the terms of use did not say that the games had to be received within 7 days, nor did it say that upon cancellation you must continually check your e-mail. Yet they still refused to fax my bank and e-mail me a copy of the fax as requested.
So my position is this now, i would like to take them small claims court on the matter for $218 (the amount that i am still missing due to overdraft charges) and also any court charges that apply (if no court charges, then just the flat 218, i just don't want to have to spend more money to get my money back, all because they couldn't fax one simple letter).
So i won't to know, is this possible, since i live in Indiana, and i believe they are stationed in California?
Do i have a valid case?
And, is the amount i am now requesting and acceptable amount?
NOTE: up until this point i requested only the fax and no money, but after 6 weeks, and all this effort, i'm getting a bit restless
Any comments or help is greatly appreciated.
Thanks