I bought a service from online company called onetimefax.com - on their website they were advertising sending a fax for $2, so I signed up for that (at 11pm on Saturday).
Over the course of the night they tried to send the fax, charging me additional $2 for each failed attempt, for $12 in total.
In the morning when I saw that I sent them a request to stop resubmissions and to cancel my account. At that time I noticed that in one area of their website they disclosed that there is a $27 charge for closing the account. I wrote them saying it is ridiculous to charge me $12+$27=$39 for a fax they failed to send. I told them to lower the charge to no more than $10, and I put my credit card on security hold.
Onetimefax.com sent me an e-mail saying that all the terms of service were disclosed, and my failure to read them is my failure, so I have to pay. They then tried to charge my card, and when this got declined, they told me they are sending my account to fraud department, and threatened me with fines and jail time.
I am scared and do not know what to do. Do I have to pay them $39 for a failed fax delivery (they will probably want extra $15 for resubmitting the charge to the credit card)? Can they ruin my credit history and put me in jail over this?Is there anything I can do rather than pay them?
Thanks a lot!
Criminal Defense Attorney
There are two problems: your failure to read, and their apparent attempt to send faxes that you did not receive.
You are not going to jail, but this could impact your credit.
I would report this to their better business bureau and to the attorney general of the local state,
Criminal Defense Attorney
I suggest that you contact the Better Business Burea and the Attorney General's Office, Consumer Affairs Division and explain your situation to them. The company may have disclosed their practices, but there are guidelines that must be met. Disclosure, to be legally adequate, cannot be obscure and difficult to locate. An attorney would need specific detailed information that would then be tested against required standards. In other words, you would have to hire an attorney to specificly challenge their practices. The company may rely upon heavy handed threats to dissuade people from chalenging their practices. I would strongly urge you to consult with the two agencies mentioned above before I paid them a penny. I would allow the credit card company to investigate and go through their evaluation process as well. If they wrongfully harm your credit, you can sue them for doing so.
I just went to their website and I can't believe how outrageous their terms are. They can say anything they want, but you should have nothing to worry about. Just the fact that their name is "one time fax" and they charge $27 to cancel an account is crazy and probably illegal. You should contact the Federal Trade Commission and the Massachusetts Attorney General's Consumer division. Do not pay the fees. I would sue them under chapter 93A, the Mass. Consumer Protection Act.
I use Efax in my law practice and I find them very dependable and easy to deal with.