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Report: #190032

Complaint Review: Eroticy.com, Webcapades - Palm Harbor Florida

  • Submitted:
  • Updated:
  • Reported By: Gainesville Florida
  • Author Confirmed What's this?
  • Why?
  • Eroticy.com, Webcapades 36181 East Lake Road, Suite 121 Palm Harbor, Florida U.S.A.

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I don't know if I agreed to anything with this company. I saw a cryptic charge on my credit card bill and disputed the charge with the hopes that I would hear back from the company to determine whether or not the charge was legitimate. I will post below the reponse I received from the "Vice President of Collections".

While reading this, please keep in mind that I disputed one charge once.

Some of you may have read part of the e-mail in another Rip-off Report, as I know one exists. I found ripoffreport.com when I did a search on the company's name.

Please be advised that we have received notification from your bank of your claim that Eroticy.com/WebCapades has charged your credit card in a fraudulent matter and that the card or card number in question was either lost, stolen, or otherwise misused without your authorization. Pursuant to our terms and conditions, and to comply with our corporate policy, we have fully investigated this matter and found that this is not the case. Please find below the information that we have collected from our database, logs, and documentation.

Name(s): Marie ----
My Address was here.

Account: an account number was here
Sign Up Date: Fri 2005-Jun-24 20:00:00 EDT
IP Address(s) Used: an IP address was here
Email Address(s): my e-mail address was here
Photos Archived: Yes
Emails Archived: Yes
Chat Transcripts Archived: Yes

The terms and conditions that you agreed to when you signed up for our service specifically restricted you from making such fraudulent accusations and provided clearly called for remedy to WebCapades, Inc. in the event that you did so. Please read this excerpt from our Membership Terms and Conditions that you agreed to when you signed up on the above date using the above IP address.

"Payment for the services provided to you at and/or through Eroticy.com may be made by automatic credit card charge or direct withdrawal from your checking account and you hereby authorize Company and its agents to transact such payments on your behalf. You agree not to report as lost or stolen any credit card which you have used in conjunction with payment to Eroticy.com, or as unauthorized any charge by Eroticy.com, for any goods or services, including subscription, for which you do not have good reason to believe, is, in fact, lost, stolen or unauthorized.

You hereby agree that any such fraudulent reporting of a lost or stolen credit card used to obtain goods or services from Eroticy.com or any fraudulent reporting of an unauthorized charge to Eroticy.com on your credit card which has been made by you or anyone under your authority, at a time when a charge or other obligation for payment for goods and/or services to Eroticy.com remains outstanding at the time of such fraudulent reporting, you shall be liable to Eroticy.com for liquidated damages of $25,000.00. The liability for liquidated damages specified in this Paragraph shall not limit any other liability you may have for breach(es) of any other terms, conditions, promises and warranties set forth in this Agreement."

This email will serve as notification of this violation of our mutually agreed upon Terms and Conditions. If this matter is not resolved, we will take further action which could include filing a complaint seeking civil damages of $25,000 plus legal fees and court costs, notifying the Trans Union, Experian, and Equifax credit reporting agencies of your forfeited debt and pending liability, and establishing an outbound telemarketing campaign in attempts to resolve the matter.

We will accept your settlement of this matter WITHIN TEN (10) DAYS OF THIS EMAIL by form of a money order or certified check in the amount below sent to the following address:

WebCapades
Attention - Collections
36181 East Lake Road, Suite 121
Palm Harbor, FL 34685

The Money Order Will be made in the following amount:
$50.00 Bank Fee Per Charged Transaction X 6 = $300.00
$24.95 Per Charged Transaction X 6 = $149.70
$50.00 Processing Fees = $50.00
Total: $499.70

If we receive this certified check or money order within ten (10) days of this email, you will receive an email releasing you from any and all liability that your actions have caused. If we do not, your account will be submitted to a third party collection agency and we will do everything within our rights to recover our loss.

Sincerely,
Pat
Vice President, Collections
WebCapades, Inc.

NOTICE TO RECIPIENT: THIS E-MAIL IS MEANT FOR ONLY THE INTENDED RECIPIENT OF THE TRANSMISSION, AND MAY BE A COMMUNICATION PRIVILEGED BY LAW. IF YOU RECEIVED THIS E-MAIL IN ERROR, ANY REVIEW, USE, DISSEMINATION, DISTRIBUTION, OR COPYING OF THIS E-MAIL IS STRICTLY PROHIBITED. PLEASE NOTIFY US IMMEDIATELY OF THE ERROR BY RETURN E-MAIL AND PLEASE DELETE THIS MESSAGE FROM YOUR SYSTEM. THANK YOU IN ADVANCE FOR YOUR COOPERATION.

I have $500 lying around in just the same manner I have $25,000 lying around if I even considered paying it.

This to me is an extreme over-reaction to a charge dispute on a credit card...even if the charge was legit. I'm still not convinced that it is. I'm not even sure you can "serve as notification" via e-mail. This is a dishonest, ill-conceived practice of this company.

Marie
Gainesville, Florida
U.S.A.

CLICK here to see why Rip-off Report, as a matter of policy, deleted either a phone number, link or e-mail address from this Report.

This report was posted on Ripoff Report on 05/04/2006 06:23 PM and is a permanent record located here: https://www.ripoffreport.com/reports/eroticycom-webcapades/palm-harbor-florida-34685/eroticycom-webcapades-ripoff-dishonest-over-the-top-cryptic-palm-harbor-florida-190032. The posting time indicated is Arizona local time. Arizona does not observe daylight savings so the post time may be Mountain or Pacific depending on the time of year. Ripoff Report has an exclusive license to this report. It may not be copied without the written permission of Ripoff Report. READ: Foreign websites steal our content

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REBUTTALS & REPLIES:
0Author
2Consumer
1Employee/Owner

#3 Consumer Suggestion

No shakedowns allowed!

AUTHOR: John - (U.S.A.)

POSTED: Friday, May 12, 2006

Marie:

I for one am glad you've reproduced so much of the famed extortion notice so often cited by hapless former Eroticy members. It shows how low they can go.

First thing to realize is that most social networking sites don't want your business, they just want your money. Their business models are predicated on toying with any of your nerve endings they can expose, distracting you with lust or fear as they pick your pockets and deliver very little in the way of "service".

If you don't recognize the name, just load the home page. You'll know if you've been there before. If, as it sounds like, Eroticy is a stranger to you, your personal data has been jacked and they may have even constructed a sham profile for their roster to give all appearances that you have done business with them.

Given the many complaints out there of photos and text being "borrowed" for their marketing efforts, I'm sure disrespect for intellectual property does not stop there. The signs point to their core user base jumping ship, which could conceivably drive a more desperate money grab than usual, including identity theft.

Their story is you have some business relationship with Eroticy. All you need is proof there is none, such as lack of their content in your web caches, an IP address that doesn't match what they've captured, anything that speaks to your lack of activity.

Let 'em keep charging, you dispute it swiftly and every time. Your bank won't stand for their game very long, and neither will you. Everything about this notice reads like a cheap scare tactic. I would be very surprised if they even once got that 25 grand, which I suspect is the stick they use to beat a faster tribute from you. The FDCPA says nothing about email collection notices being as valid as print on a company letterhead sealed in an envelope. I would laugh off anything less.

As to Eroticy's non-response to you, that also sounds typical. If they press the issue, deal with them only through your new best friend the Certified Mail with Receipt card, which if nothing else will prove a human got your complaints and (I predict) sat on them.

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#2 Consumer Suggestion

Don't sweat this one

AUTHOR: Larry - (U.S.A.)

POSTED: Monday, May 08, 2006

I am one of those people who actually read the fine print. I have never before seen anything like the terms they claim you agreed to.

Here's what likely happened: at some time in the past you may have ordered something on the internet where you gave your credit card number. Whatever you ordered, you likely never got it because it was a scam to get your credit card number. Then they started charging your credit card. Many people would not notice the charge. You noticed and contacted your credit card issuer. The scammers aren't going to let you get away without a fight so they sent you that intimidating email threatening dire consequences for filing a dispute.

If the charges were legitimate, the credit card issuer would find in their favor. From the email it sounds like the card issuer looked into it and determined that they were scammers.

My advice is to ignore these jerks. They are not going to sue anyone because if they ever get anywhere near a courthouse they will be arrested.

Chances are pretty good that the masterminds behind this scam are somewhere like Russia. Their grammar brings back memories of Boris and Natasha cursing at a certain moose and squirrel. The street address they give is a private mail box, not their office.

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#1 REBUTTAL Individual responds

Additional Information

AUTHOR: Marie - (U.S.A.)

POSTED: Monday, May 08, 2006

Firstly, I apologize to ripoffreport and it's readers if I neglected to remove unauthorized verbiage from my posting. My intent was to copy and paste and e-mail I recieved verbatim.

More importantly is my additional information regarding my report.

To date I have had no one bit of correspondence from this company or responses to any of my inquiries.

Additionally, I received my credit card statement to day which does show a credit of the disputed amount, but it also shows a new charge from this company.

I am still flummoxed where they arrived at

"$50.00 Bank Fee Per Charged Transaction X 6 = $300.00
$24.95 Per Charged Transaction X 6 = $149.70
$50.00 Processing Fees = $50.00
Total: $499.70"

What are all these "x6"s anyway? If they believe the above, why are they still charging my credit card??

--Marie

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