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by Silhouette 3713 days ago
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.

1 comments

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.

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.

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...

Bottom line: Unless you have an actual contract, don't expect to win.

We do have an actual contract, the moment someone signs up and pays us money under our advertised terms. It is as clear and legally binding as if we sat down at a table and signed a piece of paper. I suspect that not understanding this is the cause of many of the incorrect things you've been saying in this thread.

Edit: Just to be reiterate in case it wasn't clear from my other comments, one of the points in those terms specifically says what the process for cancelling is and that an e-mail is not sufficient, for precisely the kinds of reasons we've been talking about on HN today.

You're trying to claim fees for services not rendered for a pre-paid monthly service are rightfully yours (again without addressing the email) because you've made a claim in a ToS.

And you think that'd stand up in small claims. I'd like to be a fly on the wall when that gets tested. ;-) And the collection agency willing to sign on as a co-defendant? That better be some monthly subscription fee.

Also, there's no way you win a chargeback claim in this case: https://www.fdic.gov/consumers/consumer/news/cnwin1213/stopp...

You're going to have a rough time explaining why you thought you were within your rights to ignore her cancellation notice. Do you also think your ToS would allow you to ignore certified mail? You might want to talk to an actual lawyer.

You're talking hypotheticals. We actually do this, and we actually do talk to real lawyers. On the rare occasions when someone has tried their luck, we have never lost so much as a chargeback.

Of course, most of the time it never gets that far, because as I said before, we try to provide very good customer service. Among other things, that means we are up-front about our pricing and we give our subscribers quick and effective ways to manage their subscriptions. I wouldn't want to run a business that did the sort of shady things mentioned elsewhere in this discussion. We get very few complaints in the first place, and in reality it's far more common for us to help out someone who made an honest mistake and then get a nice mail back.

All I'm saying here is that we don't have any obligation to go beyond what our terms and the relevant laws require, and in particular, we don't have to accept some random e-mail as cancellation when we explicitly say we won't, for good reasons, and when we provide a quick and effective alternative that is readily available to all subscribers. I honestly can't see why anyone would have a problem with that.

Why are you investing so much effort in debating a straw man argument? Is there a particular real world case you are thinking about?
In Denmark, companies are required to clearly and visibly state things such as total price - if they fail to do so, the "contract" is invalid. If they don't provide a reasonable way to cancel services (relative to the signup procedure), the company have no case. So stating in a ToS that I must call to cancel, when I signed up with nothing but a webform and an email, would not be accepted.
In Denmark, companies are required to clearly and visibly state things such as total price - if they fail to do so, the "contract" is invalid.

Something approximately the same as that is true across the EU under the recent changes to the consumer protection rules.

On your other points, I'll just mention that this subthread was originally about whether accepting e-mail as a cancellation method was appropriate, not so much the original topic of trying to force people to call as an aggressive way to deter cancellation. It seems we all agree that making it excessively difficult for someone to cancel when they're entitled to is scummy behaviour, and I imagine the law in many places would take a similar view.