Earthlink.net Fraudulant Ripoff Charge Set-up New Contract with out my knowledge Bogus Early Termination Fee Atlanta Georgia

I have been with Earthlink DSL for over 3 years. I completed my 1-year contract as agreed and kept their service even when I moved to a new location. (Moving was a nightmare as they couldn't seem to figure out how to get my service back on). Now, after 3+ years, I want to switch to cable Internet through our cable service provider--who is, not only faster, but $12/month cheaper.

Unbeknownst to me, Earthlink took it upon themselves, WITHOUT ANY KNOWLEDGE ON MY PART, to put me under a new 1-year contract when I moved in March of 2004. So, now that I want to leave (Jan, 2005), they are trying to tell me that I owe them $149.00 for "breach of contract." What contract? The one I never signed or agreed to? They tell me I can either keep their service until it's been a year (cost of $107) or pay the $149. The "manager" I spoke to at Customer Service/Billing basically threatened me and said If I don't pay one or the other, they will put my account in collections!! This makes no sense! I have been a loyal customer for years and even brought them new customers. I completed my contract and MORE than paid for the so-called "free" modem and other incentive (digital camera) they sent! Isn't a contract to help cover the costs of all the "free" junk? My modem and cheapo camera have been paid for many times over!

When I spoke with a manager, he told me he isn't "able" to waive the fee. So I asked for HIS boss, and was told she "leaves at 2:00 pm" and wasn't there. (Riiiiight) I got her name and now get to play phone tag with her. I was warned that she wouldn't be able to waive the fee either. The so-called manager advised me to pay the fee or keep the service and then dispute it with their corporate office. (Like I really want to give them my money and then beg to get it back).


I would like to explore all of my legal options on this one.

Lee
Lakewood, Ohio
U.S.A.