WEBCAPADES - hotlocalpersonals.com - Eroticy.com After following the proper procedures to cancel my account, Webcapades continued to do so. Not they're threatening to sue for $25,000. Internet

I received the following from Webcapades after filing a fraudulent charge on my credit card account:

Please be advised that we have received notification from your bank of your claim that Eroticy.com/WebCapades Inc. 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): MXXXXXXXX

Account: XXXXXXXXXXXXXXXXXX
Sign Up Date: Thu 2006-Sep-07 13:30:24 EST
IP Address(s) Used: XXXXXXXXXXXXXX
Email Address(s): XXXXXXXXXXXXXX
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 up to $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, Inc.
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 2 = $100.00
$24.95 Per Charged Transaction X 2 = $49.90
$50.00 Processing Fees = $50.00
Total: $199.90

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 Mitchell
Vice President, Collections
WebCapades, Inc.

This is how I replied:

Correct. The card was misused without my authorization.

Please be advised, according to your website:

"How Do I Cancel My Membership
Members are able to cancel an HotLocalPersonals.com service at anytime. If you would like to cancel your paid subscription, and had paid by credit card through the site, you would send a cancellation request to Lisa@HotLocalPersonals.com including your user name and registered email address at least 3 days prior to your next billing date. The cancellation request will be processed within 48 hours. Your account will remain active until the date your next scheduled billing would have occurred."

I sent the following email on September 29th, 2006. Nine days before my account was to renew:

-------------------------------------------------

From: XXXXXXXXXXXXXXXXX
Subject: Please Cancel My Membership (bluedarter31)
Date: September 29, 2006 6:22:13 PM EDT
To: Lisa@HotLocalPersonals.com
Mime-Version: 1.0 (Apple Message framework v752.2)
Content-Transfer-Encoding: 7bit
Message-Id:
Content-Type: text/plain; charset=US-ASCII; format=flowed

Please do not renew my membership, and cancel it.

Email address: XXXXXXXXXXXXX
Screename: XXXXXXXXXXXXX

Thank you.
XXXX

------------------------------------

That was one of two emails I sent that day, and one of several I sent regarding my account after September 29th with no reply from Lisa@HotLocalPersonals.com.

I followed the procedure and requested a refund of the fraudulent October charge... again, with no response. That email follows:

----------------------------------------


From: XXXXXXXXXXXXXXXXXX
Subject: I ASKED TO HAVE MY MEMBERSHIP CANCELLED
Date: October 20, 2006 12:01:58 AM EDT
To: Lisa@HotLocalPersonals.com
Mime-Version: 1.0 (Apple Message framework v752.2)
Message-Id:
Content-Type: multipart/alternative; boundary=Apple-Mail-18-473608319

I sent an email last month asking to NOT renew my membership, to cancel it and to stop billing my credit card. My account is still active and I found a charge this month on my credit card statement.

I'm disputing the charge and demand an immediate refund.

Screen name: XXXXXXXXXXXXXXXX

-------------------------------------

I sent subsequent emails with no response either. Only when I threatened to dispute the charge with my credit card company and contact the BBB did I get a response that my account would not be billed after October... AFTER I followed the guidelines in regard to canceling an account.

I requested my account not be renewed by sending an email to Lisa@HotLocalPersonals.com as instructed per your website at least three days before my account was to renew as indicated above to avoid further charges.

I did not authorize the charge for October and requested I not be billed for October in conjunction with canceling my account.

That makes it a fraudulent charge.

If you have any other questions or concerns, please feel free to contact me regarding this matter. I would be more than happy to be corrected if I am wrong. At which time, I'll comply with your requests. I believe I was within my legal rights and would be happy to contact my lawyer to have him look things over if you still indeed feel I breeched any kind of agreement.

End of letter.

So, what do you think about this?

Matthew
Bel Air, Maryland
U.S.A.