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Lawsuit
Against True.com Exposes Problems with Service (onlinedatingmagazine.com -
June 14, 2007) A lawsuit seeking class action status
was filed against True.com on Tuesday, June 12, 2007,
alleging fraudulent billing practices, particularly
charging members after they have cancelled their
service. The lawsuit was filed in Dallas County,
Texas on behalf of Thomas Wong who resides in Washington
and was a member of True.com in August of 2006. Wong
was apparently continually charged for several months
after he cancelled his membership with True.com.
The
lawsuit, titled “Wong v. True Beginnings,
LLC” is seeking class action status. The lawsuit
was filed by Tycko & Zavareei LLP (based in Washington,
D.C.) and Crews, Shepherd & McCarty LLP (based
in Dallas, Texas).
“We
allege in our complaint – and
hope to prove at trial – that True.com engaged
in a pattern and practice of charging fees to subscribers
who had already cancelled,” Jon Tycko of Tycko & Zavareei
LLP told Online Dating Magazine. “We
also hope to expose and put a stop to True.com's use
of their subscribers’ personal information
and photographs, which True.com claims
an absolute, perpetual right to use as it sees fit,
even after subscribers cancel. We would be very interested
in hearing from other True.com subscribers
who have experienced post-cancellation problems, as
well as from anyone else with information that might
be helpful in exposing True.com's practices.”
The
25-page filing contains numerous allegations against
True.com, including:
1)
That True.com has knowingly and/or intentionally
charged and collected money from people after they
have cancelled their service and without their consent.
2)
That True.com “deceives
consumers by failing to inform them, via its marketing
campaign, that the Company [True.com] continues to
charge and collect monthly fees after cancellation.”
3)
That True.com “sends false and misleading electronic
mail messages to its former subscribers after the
former subscribers have cancelled their accounts.
The electronic mail messages that are sent by the
Company [True.com] convey the message to the former
subscriber that other True.com subscribers are interested
in contacting the former subscriber via the Service.
These messages are false and misleading. Upon information
and belief, the electronic mail messages sent by
the Company are not delivered due to interest in
the former subscriber by other current subscribers.
Instead, upon information and belief, the electronic
mail messages are sent by the Company on behalf of
fraudulent and/or non-existing subscribers.” The
lawsuit points out that once a person responds to
the email message, he/she is automatically reactivated
as a subscriber without authorization, and again
billed.
4)
That in addition to the monthly fee of members, True.com
was charging members $.99 a month for service from
the “Coaching Center” and
$2.99 for “live Chat” services. In its
Terms and Services, True.com calls the three services, “separate
product offerings that will be charged separately
on your credit card if you do not properly cancel…”
5)
That True.com placed a provision in its Terms and
Services stating that members agree “not to
dispute any authorized charge by True.com or its
authorized agents” and that “if you fraudulently
report the card used to obtain your subscription
as stolen, or if you fraudulent report that an authorized
charge by True.com or its authorized agents is unauthorized,
you shall be liable to True.com for liquidated damages
of One Thousand Dollars ($1,000.00) per incident”.
6)
That despite advertiser that members can “cancel
at any time,” True.com only allows cancellations
via phone during specific hours and does not refund
any money left in the subscription term. The lawsuit
seeks to get refunds to those who are/become a part
of the class action lawsuit, along with punitive
damages, court expenses, and an order preventing
True.com from continuing the alleged deceptive practices.
The
lawsuit says that by billing and collecting money
from members for subscription fees and other chargers
after they cancelled their accounts, True.com “has
breached the fiduciary relationship and has benefited
by fraud, duress, and/or the taking of an undue advantage,
at the expense of consumers.”
The
lawsuit alleges that in addition to deceiving consumers,
True.com's practices
also violate the Texas Deceptive Trade Practices and
Consumer Protection Act. True.com is based out of Texas.
The suit seeks a jury trial.
Related
Links:
» Class Action Lawsuit Filed Against
True.com
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