Gamefly Multiple Charges, Not Cancelling Account Upon Request Long Beach California

I first signed up with GameFly with their promotion at the end of '08 since I figured if it was anything like Netflix, it'd be a lot cheaper than renting games from Blockbuster or Hollywood Video. Not only does it take over a week to receive a game from the point when I receive the "we've shipped you..." e-mail, but they do not respond to their e-mails.

They sent me a game that was WAAAAAAY down on my "GameQ" list. I had chosen a list of games with high/medium availability and put them at the top of the list since I was expecting company. They sent me a game at the bottom of my list. I thought "Okay, at least something actually arrived." Well, to my disappointment, the game wouldn't play. Take one look at the disc and you'd see why. The game was covered in food, finger prints, and deep scratches. I sent them an e-mail through their website saying the game was damaged. At that point I was also frustrated and upset that they were sending games from Texas with a warehouse in California (I live in Washington so logically, shipping from CA makes the most sense) and they charged me for a game they didn't inspect on shipping.

So it takes a week for the game to arrive, 3 days for the game to ship back, and (on average) 5-7 days for them to respond once the game is received back to their warehouse. Do the math, that's 15-17 days of processing per month. So, unless you keep the game for 15+ days, it's not beneficial to keep an account with them. I asked in my e-mail about the defective disk to also cancel the account. They waited 2 hours after I received an e-mail saying "we've just shipped..." to tell me that they could not cancel my account since they shipped a new disc?!

Sooooo, I sent the both discs back (defective AND the replacement to the defective). Then they said they didn't receive it and charged my account $32.46...and now I see they charged me again and I have a new game in my mailbox.

So let's recap:

I received my first game after being charged the promotional $7.52. A month later I was charged $17.26 (on 2/2) and then on 2/28 I was charged for the DEFECTIVE game I sent back for $32.46. Yeah now, I have another charge for $13.23 for my next month's charge (3/2). I've sent e-mail after e-mail requesting that the $32.46 be refunded since 2/28.

Does anyone else notice that the monthly fee went from $17.26 to $13.23? Are they just charging whatever they feel like? Also, how can someone charge $32.46 for a game that was reported defective and obviously used?

Kim
Vancouver, Washington
U.S.A.