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Carbozo Needs Legal Advice for Lawsuit Against Ancestry.com
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Date: January 20th, 2010 9:21 PM Author: 180 startling sandwich I signed up for that piece-of-crap website a couple of years ago. I never agreed to their bullshit terms and conditions; the terms and conditions were (or at least now are) under a small SEPARATE link at the bottom of their website. Even though I didn't read those terms, I paid enough attention in Contracts to know that I'm not bound to an unconscionable agreement, which this is. Assuming the separate statement of terms and conditions is considered part of the contract, the terms and conditions are ludicrously unfair. At the time I signed up, the website said I agreed to a one-year membership - PERIOD! I never authorized them to withdraw funds from my account for the rest of my life! That's BULLSHIT. (https://xoxohth.com/thread.php?thread_id=1196636&forum_id=2#13864011) |
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Date: January 20th, 2010 9:22 PM Author: Crawly Generalized Bond you're gonna lose. sorry. seen this before. (https://xoxohth.com/thread.php?thread_id=1196636&forum_id=2#13864018) |
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Date: January 20th, 2010 9:23 PM Author: 180 startling sandwich Isn't it likely they'd default? Do they really want to spend more on attorney's fees than they would on a default judgment? (https://xoxohth.com/thread.php?thread_id=1196636&forum_id=2#13864032) |
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Date: January 20th, 2010 9:24 PM Author: offensive drunken institution affirmative action no, they will just drown you with discovery requests for no reason (https://xoxohth.com/thread.php?thread_id=1196636&forum_id=2#13864053) |
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Date: January 20th, 2010 9:26 PM Author: 180 startling sandwich Fine. I need experience answering discovery. (https://xoxohth.com/thread.php?thread_id=1196636&forum_id=2#13864068) |
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Date: January 20th, 2010 9:35 PM Author: offensive drunken institution affirmative action you could put that in your cover letters (https://xoxohth.com/thread.php?thread_id=1196636&forum_id=2#13864141) |
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Date: January 20th, 2010 9:25 PM Author: Crawly Generalized Bond maybe. still probably not worth the effort. if they don't, you're fucked. (https://xoxohth.com/thread.php?thread_id=1196636&forum_id=2#13864064) |
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Date: January 20th, 2010 9:23 PM Author: offensive drunken institution affirmative action unconscionability doesn't apply (https://xoxohth.com/thread.php?thread_id=1196636&forum_id=2#13864036) |
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Date: January 20th, 2010 9:27 PM Author: 180 startling sandwich What the fuck are you talking about? (https://xoxohth.com/thread.php?thread_id=1196636&forum_id=2#13864079) |
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Date: January 20th, 2010 9:29 PM Author: Yapping step-uncle's house explain the procedural and substantive unconscionability. (https://xoxohth.com/thread.php?thread_id=1196636&forum_id=2#13864093) |
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Date: January 20th, 2010 9:36 PM Author: mind-boggling lettuce gas station it's not fair. hth. (https://xoxohth.com/thread.php?thread_id=1196636&forum_id=2#13864148) |
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Date: January 20th, 2010 9:38 PM Author: 180 startling sandwich The agreement is procedurally unconscionable for at least two reasons.
First, Ancestry.com enjoyed unequal bargaining power. I was a 0L at the time of the agreement and lacked the education and sophistation of a giant corporation and its biglaw attorneys. Worse, the contract was necessarily offered on a take-it-or-leave basis with NO negotiation.
Second, Ancestry.com unfairly surprised me by hiding the term in a separate agreement that I couldn't have known was connected to the contract unless I clicked on it.
The agreement is also substantively unconscionable because it shifts all the risk to me and enables Ancestry.com to withdraw funds from my account for the rest of my life unless I follow a cumbersome and byzantine process for terminating my account.
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Date: January 20th, 2010 9:47 PM Author: Clear passionate orchestra pit becky this is the silliest shit i've heard in a long time.
tyty |
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Date: January 20th, 2010 9:49 PM Author: 180 startling sandwich You're ignorant. (https://xoxohth.com/thread.php?thread_id=1196636&forum_id=2#13864300) |
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Date: January 20th, 2010 9:52 PM Author: offensive drunken institution affirmative action LOL
you have no fucking clue |
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Date: January 20th, 2010 9:49 PM Author: offensive drunken institution affirmative action lol, so the contract had a "hidden" term and you as a law student didn't bother to read the fine print? LOL (https://xoxohth.com/thread.php?thread_id=1196636&forum_id=2#13864297) |
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Date: January 20th, 2010 9:50 PM Author: 180 startling sandwich I think I was a 0L at the time. Anyway, it was hidden because it wasn't in the agreement at all; it was in a separate internet document. (https://xoxohth.com/thread.php?thread_id=1196636&forum_id=2#13864307) |
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Date: January 20th, 2010 9:50 PM Author: Dead site "I was a 0L at the time of the agreement" (https://xoxohth.com/thread.php?thread_id=1196636&forum_id=2#13864317) |
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Date: January 20th, 2010 9:52 PM Author: offensive drunken institution affirmative action dude unconscionability is a fucking joke IRL, and this doesn't even come close to the standard (https://xoxohth.com/thread.php?thread_id=1196636&forum_id=2#13864335) |
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Date: January 20th, 2010 9:54 PM Author: Clear passionate orchestra pit becky i would love to see him argue this in court. i'd pay to see it. (https://xoxohth.com/thread.php?thread_id=1196636&forum_id=2#13864357) |
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Date: January 20th, 2010 9:55 PM Author: offensive drunken institution affirmative action the judge would probably wake up from his post lunch coma and appreciate carbozo's enthusiasm (https://xoxohth.com/thread.php?thread_id=1196636&forum_id=2#13864368) |
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Date: January 20th, 2010 9:58 PM Author: mind-boggling lettuce gas station It would be entertaining in the same way the Special Olympics are entertaining. (https://xoxohth.com/thread.php?thread_id=1196636&forum_id=2#13864396) |
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Date: January 20th, 2010 9:59 PM Author: offensive drunken institution affirmative action lol (https://xoxohth.com/thread.php?thread_id=1196636&forum_id=2#13864404) |
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Date: January 20th, 2010 10:08 PM Author: Yapping step-uncle's house the special olympics should be on tv (https://xoxohth.com/thread.php?thread_id=1196636&forum_id=2#13864484) |
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Date: January 20th, 2010 10:12 PM Author: Hateful fragrant hell http://nbcsports.msnbc.com/id/14777338/ (https://xoxohth.com/thread.php?thread_id=1196636&forum_id=2#13864537) |
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Date: January 22nd, 2010 6:20 AM Author: Rose Cerebral Trailer Park Indirect Expression ditto. (https://xoxohth.com/thread.php?thread_id=1196636&forum_id=2#13877838) |
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Date: January 21st, 2010 4:00 PM Author: sick cruel-hearted trust fund french chef it works if your client is an uneducated little old lady (https://xoxohth.com/thread.php?thread_id=1196636&forum_id=2#13871064) |
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Date: January 20th, 2010 11:47 PM Author: alcoholic misanthropic rehab (https://xoxohth.com/thread.php?thread_id=1196636&forum_id=2#13865450) |
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Date: January 20th, 2010 9:36 PM Author: Fuchsia Piazza Background Story Why dont you just cancel? (https://xoxohth.com/thread.php?thread_id=1196636&forum_id=2#13864154) |
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Date: January 20th, 2010 9:39 PM Author: 180 startling sandwich I'm going to tomorrow. (https://xoxohth.com/thread.php?thread_id=1196636&forum_id=2#13864177) |
Date: January 20th, 2010 9:24 PM Author: Yapping step-uncle's house bizarre flame (https://xoxohth.com/thread.php?thread_id=1196636&forum_id=2#13864048) |
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Date: January 20th, 2010 9:25 PM Author: Insanely creepy black cuckoldry death wish lol what does the agreement say? How much are they charging you for the rest of your life? (https://xoxohth.com/thread.php?thread_id=1196636&forum_id=2#13864057) |
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Date: January 20th, 2010 9:27 PM Author: 180 startling sandwich $155 a year. (https://xoxohth.com/thread.php?thread_id=1196636&forum_id=2#13864082) |
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Date: January 20th, 2010 9:26 PM Author: slippery provocative range skinny woman lol btw, this is the earliest version from 12/05 that is archived (Revision as of September 21, 2005) "2. FEES AND PAYMENTS
2.1 Continuous Service Membership. Subscription membership in the Service is on a continuous service basis. This means that once you have become a subscribing member, your subscription will be automatically renewed and your billing choice will be charged based on the subscription program (annual, quarterly, monthly, etc.) you have chosen. " |
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Date: January 20th, 2010 9:27 PM Author: 180 startling sandwich Yes, but it's not in the agreement. See above. (https://xoxohth.com/thread.php?thread_id=1196636&forum_id=2#13864083) |
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Date: January 20th, 2010 9:34 PM Author: slippery provocative range skinny woman you clicked this part, didn't you? "I have viewed and accepted the Terms & Conditions" |
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Date: January 20th, 2010 9:39 PM Author: 180 startling sandwich I don't remember. It was years ago. (https://xoxohth.com/thread.php?thread_id=1196636&forum_id=2#13864179) |
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Date: January 20th, 2010 9:39 PM Author: slippery provocative range skinny woman they don't let you proceed unless you do. (https://xoxohth.com/thread.php?thread_id=1196636&forum_id=2#13864185) |
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Date: January 20th, 2010 9:41 PM Author: 180 startling sandwich Anyway, it's ambiguous. "Terms and conditions" don't necessarily refer to a separate document. (https://xoxohth.com/thread.php?thread_id=1196636&forum_id=2#13864208) |
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Date: January 20th, 2010 9:48 PM Author: Clear passionate orchestra pit becky you sound just like a 1l in legal methods. except you graduated and are a real lawyer (https://xoxohth.com/thread.php?thread_id=1196636&forum_id=2#13864284) |
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Date: January 20th, 2010 9:49 PM Author: 180 startling sandwich So you want me to instantly write a motion for summary judgment for you? (https://xoxohth.com/thread.php?thread_id=1196636&forum_id=2#13864290) |
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Date: January 20th, 2010 9:50 PM Author: Clear passionate orchestra pit becky why would you, as a potential plaintinff, write a msj? (https://xoxohth.com/thread.php?thread_id=1196636&forum_id=2#13864318) |
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Date: January 20th, 2010 10:00 PM Author: 180 startling sandwich Why not? (https://xoxohth.com/thread.php?thread_id=1196636&forum_id=2#13864413) |
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Date: January 20th, 2010 10:07 PM Author: Clear passionate orchestra pit becky you have no evidence, at all (https://xoxohth.com/thread.php?thread_id=1196636&forum_id=2#13864479) |
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Date: January 20th, 2010 10:10 PM Author: 180 startling sandwich I'll attach the agreement as Exhibit A, depose someone from Ancestry.com and attach a depo excerpt as Exhibit B, and attach responses to requests for admissions as Exhibit C. (https://xoxohth.com/thread.php?thread_id=1196636&forum_id=2#13864523) |
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Date: January 20th, 2010 9:53 PM Author: offensive drunken institution affirmative action lol (https://xoxohth.com/thread.php?thread_id=1196636&forum_id=2#13864341) |
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Date: January 20th, 2010 9:51 PM Author: Indecent Haunting University " Even though I didn't read those terms, I paid enough attention in Contracts to know that I'm not bound to an unconscionable agreement, which this is. " (https://xoxohth.com/thread.php?thread_id=1196636&forum_id=2#13864328) |
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Date: January 20th, 2010 9:53 PM Author: offensive drunken institution affirmative action duty to read pwned (https://xoxohth.com/thread.php?thread_id=1196636&forum_id=2#13864346) |
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Date: January 20th, 2010 10:01 PM Author: 180 startling sandwich There's no "duty" to read. (https://xoxohth.com/thread.php?thread_id=1196636&forum_id=2#13864414) |
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Date: January 20th, 2010 9:35 PM Author: Insanely creepy black cuckoldry death wish Holy shit I am in the wrong profession. I should be running websites like this. (https://xoxohth.com/thread.php?thread_id=1196636&forum_id=2#13864143) |
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Date: January 20th, 2010 9:38 PM Author: Clear passionate orchestra pit becky unconscionability?? you'd actually put that in your complaint and briefs?
no wonder you can't find work. |
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Date: January 20th, 2010 9:40 PM Author: 180 startling sandwich I'm not sure how this would work procedurally. (https://xoxohth.com/thread.php?thread_id=1196636&forum_id=2#13864199) |
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Date: January 20th, 2010 9:43 PM Author: Clear passionate orchestra pit becky it wouldn't work procedurally or substantively. dude, you'd get laughed out of court with a claim like that.
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Date: January 20th, 2010 9:48 PM Author: 180 startling sandwich I don't see why. Correct me if I'm wrong, but there was a federal district court that held that a dolphin had standing (reversed on appeal). (https://xoxohth.com/thread.php?thread_id=1196636&forum_id=2#13864283) |
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Date: January 20th, 2010 9:49 PM Author: Clear passionate orchestra pit becky You make me laugh.
TYTY. This thread is excellent. |
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Date: January 20th, 2010 9:59 PM Author: Racy Pit Ape lmao (https://xoxohth.com/thread.php?thread_id=1196636&forum_id=2#13864405) |
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Date: January 20th, 2010 10:11 PM Author: bistre house-broken whorehouse clown 180 zillion
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Date: January 20th, 2010 11:48 PM Author: alcoholic misanthropic rehab lulz (https://xoxohth.com/thread.php?thread_id=1196636&forum_id=2#13865460) |
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Date: January 21st, 2010 4:30 PM Author: bistre house-broken whorehouse clown (https://xoxohth.com/thread.php?thread_id=1196636&forum_id=2#13871264) |
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Date: January 20th, 2010 9:57 PM Author: spectacular sinister knife box office so you can't ever cancel your membership?
edit: i looked at their website and you can cancel. i suggest you cancel so they stop billing you going forward. not worth suing over this. |
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Date: January 20th, 2010 10:02 PM Author: 180 startling sandwich I have to cancel two days in advance. It's obviously too late for the last membership year. But I don't see why it's not worth suing when a company that size - it's owned by the Church of Latter Day Saints - is unlikely to contest a few hundred bucks. (https://xoxohth.com/thread.php?thread_id=1196636&forum_id=2#13864425) |
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Date: January 20th, 2010 10:04 PM Author: Racy Pit Ape maybe to keep yourself from being a named plaintiff? (https://xoxohth.com/thread.php?thread_id=1196636&forum_id=2#13864436) |
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Date: January 20th, 2010 10:05 PM Author: 180 startling sandwich I'll file under a pseudonym - like Bringem Young. (https://xoxohth.com/thread.php?thread_id=1196636&forum_id=2#13864444) |
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Date: January 20th, 2010 10:04 PM Author: Fuchsia Piazza Background Story auto billing. many companies do this. gyms do this a lot. as do dating websites. it's a shitty business practice but whatcha gonna do. (https://xoxohth.com/thread.php?thread_id=1196636&forum_id=2#13864438) |
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Date: January 20th, 2010 10:05 PM Author: 180 startling sandwich Yeah, but gym memberships are typically month-to-month, and the saleswhore typically asks you if you want the gym to automatically withdraw your dues. (https://xoxohth.com/thread.php?thread_id=1196636&forum_id=2#13864454) |
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Date: January 20th, 2010 10:06 PM Author: spectacular sinister knife box office if you value your time, you would just accept your mistake (not canceling before the new subscription period), eat the fee and remember not to make that mistake again. (https://xoxohth.com/thread.php?thread_id=1196636&forum_id=2#13864456) |
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Date: January 20th, 2010 10:06 PM Author: 180 startling sandwich I refuse to be a passive victim like other XOers. (https://xoxohth.com/thread.php?thread_id=1196636&forum_id=2#13864466) |
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Date: January 20th, 2010 10:07 PM Author: spectacular sinister knife box office you shouldn't have been dumb enough to have your membership autorenewed 5 times! (https://xoxohth.com/thread.php?thread_id=1196636&forum_id=2#13864482) |
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Date: January 20th, 2010 10:11 PM Author: 180 startling sandwich How would I know it was being autorenewed? (https://xoxohth.com/thread.php?thread_id=1196636&forum_id=2#13864534) |
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Date: January 20th, 2010 10:13 PM Author: Clear passionate orchestra pit becky is this a serious question?
i can't tell if you're flaming |
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Date: January 20th, 2010 10:15 PM Author: spectacular sinister knife box office look at your bank statements, man. how can you be so careless? i would notice if 150 dollars was suddenly gone from my checking account. (https://xoxohth.com/thread.php?thread_id=1196636&forum_id=2#13864576) |
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Date: January 20th, 2010 10:32 PM Author: slippery provocative range skinny woman check your spam, agreement says they email you 15 days before your subscription ended. (https://xoxohth.com/thread.php?thread_id=1196636&forum_id=2#13864718) |
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Date: January 21st, 2010 2:39 PM Author: 180 startling sandwich They were e-mailing me to a defunct e-mail address. (https://xoxohth.com/thread.php?thread_id=1196636&forum_id=2#13870444) |
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Date: January 20th, 2010 10:20 PM Author: Racy Pit Ape not owned by the lds church. started by some dumb byu grads living in provo.. bet you they'd respond. (https://xoxohth.com/thread.php?thread_id=1196636&forum_id=2#13864613) |
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Date: January 21st, 2010 2:40 PM Author: 180 startling sandwich It's connected to LDS. (https://xoxohth.com/thread.php?thread_id=1196636&forum_id=2#13870447) |
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Date: January 20th, 2010 10:32 PM Author: dark razzle stag film Enough about all of this bullshit. Tell us about your ancestors! (https://xoxohth.com/thread.php?thread_id=1196636&forum_id=2#13864717) |
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Date: January 21st, 2010 2:40 PM Author: 180 startling sandwich I wouldn't know. I could only find a census from 1900, just like on the damn commercial. (https://xoxohth.com/thread.php?thread_id=1196636&forum_id=2#13870452) |
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Date: January 20th, 2010 10:34 PM Author: Sepia property degenerate so what grade exactly did you get in contracts, man (https://xoxohth.com/thread.php?thread_id=1196636&forum_id=2#13864724) |
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Date: January 21st, 2010 4:31 PM Author: bistre house-broken whorehouse clown (https://xoxohth.com/thread.php?thread_id=1196636&forum_id=2#13871268) |
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Date: January 21st, 2010 3:17 PM Author: exciting coffee pot How did they bill you? If they charged your CC, just do a chargeback and tell VISA you never authorized the renewal. (https://xoxohth.com/thread.php?thread_id=1196636&forum_id=2#13870748) |
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Date: January 21st, 2010 3:23 PM Author: 180 startling sandwich They debited my checking account. (https://xoxohth.com/thread.php?thread_id=1196636&forum_id=2#13870774) |
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Date: January 21st, 2010 3:37 PM Author: exciting coffee pot This is why you shouldn't use debit.
I'd still call my bank and argue that it was an unauthorized transaction - regardless of what was in the small print. |
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Date: January 21st, 2010 3:42 PM Author: 180 startling sandwich I did. They can only stop payment on the last transaction. I'd need a lawyer to handle the other claims. I will be filing a complaint in the federal district court for the district of Utah shortly. (https://xoxohth.com/thread.php?thread_id=1196636&forum_id=2#13870913) |
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Date: January 21st, 2010 3:58 PM Author: exciting coffee pot OK, assuming they default and you have a judgment for $100 or whatever they owe you - then what are you going to do? (https://xoxohth.com/thread.php?thread_id=1196636&forum_id=2#13871042) |
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Date: January 21st, 2010 4:06 PM Author: 180 startling sandwich Use it to buy some ties. (https://xoxohth.com/thread.php?thread_id=1196636&forum_id=2#13871097) |
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Date: January 21st, 2010 4:09 PM Author: exciting coffee pot use what? you still don't have any money - you just have a judgment saying they owe you money. Then what will you do? (https://xoxohth.com/thread.php?thread_id=1196636&forum_id=2#13871126) |
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Date: January 21st, 2010 4:12 PM Author: 180 startling sandwich I'll execute on the judgment. I'll apply for a postjudgment remedy of some sort. (https://xoxohth.com/thread.php?thread_id=1196636&forum_id=2#13871139) |
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Date: January 21st, 2010 4:04 PM Author: exciting coffee pot Also, did you tell your bank that this was a fraudulent transfer? This isn't something you changed your mind about; rather, this is the equivalent of someone stealing your card, and they have a duty to investigate it as such. (https://xoxohth.com/thread.php?thread_id=1196636&forum_id=2#13871085) |
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Date: January 21st, 2010 3:43 PM Author: fear-inspiring national pisswyrm so you gave them your card information not realizing that they'd charge you in the future with it? either you're brilliant flame or the dumbest person to ever step foot on xoxo (https://xoxohth.com/thread.php?thread_id=1196636&forum_id=2#13870924) |
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Date: January 21st, 2010 3:44 PM Author: 180 startling sandwich This is a bullshit question. I just bought a book on amazon.com. Does that mean I authorized the bookseller to keep withdrawing money from my account for the rest of my life? (https://xoxohth.com/thread.php?thread_id=1196636&forum_id=2#13870932) |
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Date: January 21st, 2010 3:57 PM Author: fear-inspiring national pisswyrm good luck with your lawsuit dood, please provide UPDATES. (https://xoxohth.com/thread.php?thread_id=1196636&forum_id=2#13871039) |
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Date: January 21st, 2010 3:41 PM Author: fear-inspiring national pisswyrm lol, fucked by the mormons. (https://xoxohth.com/thread.php?thread_id=1196636&forum_id=2#13870909) |
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Date: January 22nd, 2010 6:19 AM Author: Rose Cerebral Trailer Park Indirect Expression You can at least call your bank and have future charges blocked, and even try to have recent charges (within 90 days) reversed. Classmates.com tried this shit on me a few years back. (https://xoxohth.com/thread.php?thread_id=1196636&forum_id=2#13877836) |
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Date: November 8th, 2026 2:57 AM Author: ,.,..,.,..,.,.,.,..,.,.,,..,..,.,,..,.,,. updates? (https://xoxohth.com/thread.php?thread_id=1196636&forum_id=2#50242152) |