"Adam Kelly" of "Merchants Credit Guide Co" wrote my client, who wishes to remain anonymous as he is a church-going man, a form letter on 11/19/03 to collect an unpaid bill of $73.35 for "Alyon Technologies Inc" for "Premium Web Content." My client spoke to a man who identified himself as Adam Kelly who said that "Premium Web Services" means HARDCORE PORNOGRAPHY on the Internet. My client answered that he disputed the debt, and that he could not have used porn sites for 15 hours when his 1994 computer does not have Internet access!
My client received a second letter dated 01/27/04 which did not identify the account being serviced; it only contained an account number and did not identify the type of service claimed to justify $73.35 or why he never received a bill or an entry on his credit card.
This letter offered to settle for 50% of the original amount if paid immediately; 70% if paid in three equal consecutive monthly payments; or for my client to tell how much he could afford to pay per month and then pay that amount every month on the same day each month until 100% of the original amount was paid. My client replied that he had not made any such purchase; he does not owe anybody $73.35 and "Kelly" has never shown any evidence that he does; and that he has no Internet access. He requested that Kelly close the case immediately.
As soon as he finished his letter on my computer on February 4, 2004, I advised him that a more useful approach would be to complain to the FEDERAL TRADE COMMISSION, COMPLAINTS DIVISION. I pulled up the complaint form from http://www.ftc.gov and submitted it February 5, 2004, as it was after midnight when we finished.
My client has advised me that he is willing to pay his solicitor and barrister their combined fees of $500 per hour before he will ever pay this ridiculous bogus bill, when Kelly/Touboul's method of operation is laid out in the order issued by U.S. District Court Judge the Honorable R. W. Story in the Northern District of Georgia on July 10, 2003, and clarified in an order issued on October 17, 2003, prohibiting their "billing, collecting, or attempting to collect payment from consumers without first fully disclosing the material terms of the sale to the consumer, or someone authorized to act to incur the charges, and also verifying that the person receiving the services was authorized to incur the charges." All they did was jump to a different U.S. District and start over.