[ssmoot]

If you tried that with someone who cared, you could get taken to small claims court. And it would end up costing you a lot even if your defense prevailed. In TX at least, companies are not allowed to use lawyers in small claims court.

You are definitely not within your rights to extort people over services not rendered.

That's a very entitled POV.

[Silhouette]

That's a very entitled POV.

What, exactly, is "entitled" about asking someone to cancel through a simple process on the same web site they signed up with? In any business I run, it takes maybe 10 seconds, and the service is completely transparent about how to do it. It's secure, it's fully automated, and it's in the customer's own interests as well because it will also cancel any recurring payment arrangements with other services immediately and automatically.

What is entitled is things like the person who mailed us the other day, after hours on a Friday and just a few hours before their next subscription payment was due, saying very rudely and aggressively that they weren't using the service and they'd forgotten to cancel before but now they wanted to and they didn't authorise any further payments and they'd do all sorts of nasty things to us if we charged their card again. I mean seriously, they were told three times when they signed up what the charging basis was, and they could have cancelled using the normal facility in far less time than it took to write their little rant. It was only through luck that one of us saw their message in time to act on it, and if we hadn't, it would have been entirely their fault.

You are definitely not within your rights to extort people over services not rendered.

There is nothing remotely extortionate about the business practices we are talking about. The services in question are completely transparent and up-front about both what the charging basis is and how to cancel, and our terms are legally unremarkable.

As for "services not rendered", anyone is free to cancel their subscriptions with any service I help to run at any time, and none of those services use any sort of sneaky long term commitments or ever have. But if you stay signed up, and you have access to the services, you don't get to decide later that you want your money back because you didn't actually use them that month. If you think that's unreasonable, I wish you luck in getting all your insurance premiums refunded if you haven't claimed on them at the end of the year.

[ssmoot]

> What, exactly, is "entitled" about asking someone to cancel through a simple process on the same web site they signed up with?

The fact that you feel entitled to their hard earned money, despite providing no service or value.

> just a few hours before their next subscription payment was due

What's wrong with that? Are customers required to provide notice? It doesn't cost you anything to back date the termination date if you don't feel like handling it until Monday. It's your system.

> they were told three times when they signed up

Expecting your EULA is binding, and that if you choose to deviate from it, that's because you're just such a great guy, and if you felt like attempting to take their money or tarnish their credit for not using the cancellation avenue you prefer, you'd be perfectly within your rights... All that sounds rather entitled to me.

[Silhouette]

The fact that you feel entitled to their hard earned money, despite providing no service or value.

We've spent several years building that particular service. We pay the bills for running it whether or not any particular customer uses it, because we have to have enough computers and bandwidth and so on available so that our subscribers can get what they're paying for. Our expenses don't magically disappear just because someone didn't use a service that they had previously used and were still signed up for during a certain period, nor can we telepathically tell whether intermittent users will not actually use the service during the next billing period.

What's wrong with that?

What's wrong with sending an e-mail to an address no-one is likely to be monitoring in real time, denying permission for a fully automated scheduled payment to be taken a few hours later? Well, no-one might read the message before the payment gets taken, for one thing.

It doesn't cost you anything to back date the termination date if you don't feel like handling it until Monday.

You don't seem to understand how this works. The money would already have been taken by the automated systems at that point. That means we would have to actively refund it, which may in itself incur a charge depending on the payment processing services involved. In any case, it requires significant manual intervention to do that and update all the records accordingly, which is at best wasting time we could otherwise spend on more useful activities.

Expecting your EULA is binding, and that if you choose to deviate from it, that's because you're just such a great guy, and if you felt like attempting to take their money or tarnish their credit for not using the cancellation avenue you prefer, you'd be perfectly within your rights...

We are perfectly within our rights. That's the point.

As it happens, we often do go out of our way to deal with messages from our subscribers as helpfully as we can. We take considerable pride in offering very good customer service, and we receive far more positive messages than complaints. In some cases, we will even voluntarily refund someone's subscription fee for a month, perhaps if we believe their situation wasn't entirely their fault or they had some honest misunderstanding about something.

But make no mistake, doing these things costs us time and, in some cases, money. We will do it anyway for most people, because that's the kind of business we want to run. However, we have absolutely no obligation to do so, either legally or morally. Perhaps unsurprisingly, we also had little inclination to do so in the case of someone who by their own admission had known what to do and failed to do it, yet who felt the appropriate reaction to that was to write to us rudely, making an unreasonable demand and immediately threatening us if we failed to comply, instead of simply asking for help if they needed it.

[ssmoot]

Your business expenses are not my problem. The grocery store doesn't get to charge people when they order too much perishable fruit.

Your of a different opinion, that's your prerogative. Just don't expect everyone to feel the same way. I certainly don't.

I don't care how much you've poured into automating your business processes. That's what you do to increase your profit margins. I only care about two things: My input (time, effort, money), and your output (services provided).

That's just business. If someone is rude, be happy to see the back of them as a customer. Or fire them as a customer. Both those are acceptable. Taking a consumer to court if you think you'd have a case (you wouldn't) is also your right.

It's also their right to take you to small claims, which depending on the state may require you to send an employee to their state, without a lawyer, to justify your actions to a judge. I think you'll probably discover they're not going to be very sympathetic to your perceived right to take people's money just because you have business expenses in predicting future costs.

[Silhouette]

The grocery store doesn't get to charge people when they order too much perishable fruit.

They probably do if it was a special order placed for a specific customer who then cancelled once the food was already delivered to the store. And why shouldn't they, if it was entirely the customer's fault?

The rest of your post is just wishful thinking, like most of your other comments in this thread, so I see little reason to continue this discussion. Businesses can and do take non-paying customers to court or through a collections process, and routinely win under the kind of circumstances we're talking about.

In particular, cancelling a payment you owe does not in itself relieve you of any contractual obligations you have, it just means you're in default. You might not like it, but it is the law almost everywhere. As I said in another post, try getting a refund on an insurance policy at the end of the year just because you haven't made a claim, or getting part of your phone bill refunded because you didn't need to make a call in a certain period. If you try cancelling your payment without cancelling your service in those cases, and then refuse to pay what you owe, you'll be taken to court or collections, and you'll lose.

[ssmoot]

If they signed a contract you might have a point.

And you didn't special order anything. Your argument here is all kinds of moving goal posts.

Bottom line: Unless you have an actual contract, don't expect to win. And even then, be prepared to demonstrate that your product worked as advertised and explain why, despite communicating by email with the customer as routine, that was not sufficient for cancellation. Pretty sure you haven't addressed this at all except to say "because I thought I could sell the things I bought!". Sorry, but no, you don't get to change the rules just because yours is an Internet service. Especially not for a month to month pre-pay authorization. That's just ridiculous. I haven't even seen pre-paid cellular networks try to pull that scam.

https://consumerist.com/2008/01/21/suing-big-companies-in-sm...