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by Silhouette 2706 days ago
Then perhaps you've just been lucky. Sometimes merchants might decide it's not worth the trouble to go after you for a small amount, for example.

For comparison, I work on a service that uses recurring billing, and we have wording in our legal terms specifically so we can go after you for things like the cost of recovery as well if you abuse us like this. Our lawyer didn't include those words just for fun.

2 comments

Abuse? I record all calls I make to customer service entities, with the opening, “Hi, I’m recording this call.” So yeah, in the four or five times I’ve had to do this, no one was dumb enough to take me to court, and if they did they’d lose. I make sure that I don’t use a service without paying for it, I make it clear what’s going happen and tell them to stop the service and that I’m going to stop payment. If they can’t manage that, by all means, talk to my attorney.
When the phone tree says “this call may be recorded”, thank them for granting you permission.
If you don’t consent to being recorded, they are required to serve you in an unrecorded line. And if they cannot, then you have been denied service. And if you’re denied service, you cannot cancel. So run the chargeback.
Um, no. That's not accurate at all. Maybe it's different outside the US, but many states are "single-party consent" states, meaning you don't need permission to record them and vice-versa. The biggest reason that many companies disclose the fact that they're recording the call is that you might be calling from a location that requires consent from all parties; they want to cover their butts.
I was mostly referring to here in California, but it would also apply to: Connecticut, Florida, Illinois, Maryland, Massachusetts, Montana, New Hampshire, Pennsylvania and Washington.
In your earlier comment you said you cancel charges rather than dealing with "customer service".

It's only reasonable to interpret that as you not calling at all. And in that case it would be abuse to file a chargeback.

It seems like that's not what you actually meant, and you do call first? Great! But you shouldn't be confused that people misunderstood your earlier comment.

You're talking about a situation where you have demonstrably tried to cancel. The rest of us were talking about a situation where someone cancels payment but not the contract. Both legally and ethically speaking, those are entirely different scenarios.
How many users do you go after per month?
Not very many. We don't use dark patterns and make it easy for people who want to cancel a subscription, so it's not a problem we have for the most part.

But on the relatively rare occasions that someone has been abusive -- the kind of person who repeatedly tries to sign up under different aliases and get a bit more for free in violation of terms, for example -- we can and sometimes do take action, and we have never lost.

It's a little disturbing that so many people's reaction here is apparently a form of wilful ignorance. You can downvote or make comments about how this has never happened to you or talk to your attorney or whatever if that makes you feel good, but your opinion does not change the legal situation: cancelling a payment method is not generally equivalent to cancelling a legally binding contract, and the advice to rely on doing so could lead to people being the wrong side of a real legal action, paying recovery costs that far exceed the original size of the debt, damaging their credit, etc.