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What are the laws surrounding access to paid streaming content and web products? What actions can I take against this company?

San Francisco, CA |

Long story short, a clickbank company did not give me everything I paid for nor a refund after assuring me several times over a year I would be receiving soon. When I informed other people on the community forums of this scam/incompetence, an admin deleted my posts, told people I was lying and suspended my account. Their terms of service indicates that they may suspend anyone's account for any reason, but is that even allowed? They can't just suspend a customer anytime they please and keep the money? Especially since they false advertised to me and didn't deliver all of what I paid for. If I paid for access to products or streaming content, aren't there laws protecting my access to it?

What can I do at this point and is there any way they can get away with this? What lawyer do I contact?

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Attorney answers 1


"Long story short" posts are ones that aren't really suited for the general Q&A site. You probably need to consult your own lawyer to discuss all these details.

Generally your concerns about a refund for goods pr servoces not received, and the site's ability to suspend anyone's account are 2 different things.

The 1st is basic contract law. If you paid for something, you should get a refund, because the party obligated to perform didn't, so they've breached the contract. Note I write SHOULD. People often don't do what they should, hence the need for a lawyer to exert pressure. Any business litigatror can help you. FInd one that's liensed in the state whose law governs this transaction. Check the site's terms of service for "jurisdiction" and how, when and where disputes get resolved, and which state's law governs.

The 2nd issue is whether a site can do what their terms of service says they can do, which you agreed to when you started using the site -- suspend anyone's account for any reason. Why would you doubt that they could do exactly that?

Avvo doesn't pay us for these responses, and I'm not your lawyer just because I answer this question or respond to any follow-up comments. If you want to hire me, please contact me. Otherwise, please don't expect a further response. We need an actual written agreement to form an attorney-client relationship. I'm only licensed in CA and you shouldn't rely on this answer, since each state has different laws, each situation is fact specific, and it's impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue.

Christine C McCall

Christine C McCall


What an excellent and comprehensive summary!



Why would I doubt? If a site's Terms of Service stated they are not bound by state and federal laws it doesn't mean they aren't.

Maurice N Ross

Maurice N Ross


Under both Federal and State laws, companies that operate web-sites can require their customers to comply with their terms of service except in very rare circumstances that do not apply here. However, if you can prove that they admitted that they owe you a refund, but failed to pay it, you might have a good claim. In order to pursue that claim, you would need to take them to court, which probably requires that you obtain counsel.

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