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Carbozo Needs Legal Advice for Lawsuit Against Ancestry.com
Poast new message in this thread
Date: January 20th, 2010 9:21 PM Author: Beta zombie-like parlor alpha 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: painfully honest vibrant mexican 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: Beta zombie-like parlor alpha 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: Wonderful light son of senegal double fault 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: Beta zombie-like parlor alpha 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: Wonderful light son of senegal double fault 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: painfully honest vibrant mexican 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: Wonderful light son of senegal double fault 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: Beta zombie-like parlor alpha 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: ultramarine nursing home turdskin 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: fragrant irate kitty location 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: Beta zombie-like parlor alpha 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: Comical Boistinker Sex Offender 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: Beta zombie-like parlor alpha 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: Wonderful light son of senegal double fault LOL
you have no fucking clue |
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Date: January 20th, 2010 9:49 PM Author: Wonderful light son of senegal double fault 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: Beta zombie-like parlor alpha 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: Chest-beating turquoise marketing idea native "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: Wonderful light son of senegal double fault 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: Comical Boistinker Sex Offender 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: Wonderful light son of senegal double fault 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: fragrant irate kitty location 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: Wonderful light son of senegal double fault 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: ultramarine nursing home turdskin 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: exciting salmon dysfunction garrison 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: primrose gunner 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: Brass gas station scourge upon the earth 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: Razzmatazz Hot Boltzmann (https://xoxohth.com/thread.php?thread_id=1196636&forum_id=2#13865450) |
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Date: January 20th, 2010 9:36 PM Author: White Mind-boggling Trailer Park Filthpig 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: Beta zombie-like parlor alpha 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: ultramarine nursing home turdskin 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: Floppy violet voyeur lodge 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: Beta zombie-like parlor alpha $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: olive nubile school cafeteria goyim 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: Beta zombie-like parlor alpha 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: olive nubile school cafeteria goyim 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: Beta zombie-like parlor alpha 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: olive nubile school cafeteria goyim 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: Beta zombie-like parlor alpha 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: Comical Boistinker Sex Offender 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: Beta zombie-like parlor alpha 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: Comical Boistinker Sex Offender 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: Beta zombie-like parlor alpha 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: Comical Boistinker Sex Offender 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: Beta zombie-like parlor alpha 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: Wonderful light son of senegal double fault 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: racy pearl stead " 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: Wonderful light son of senegal double fault 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: Beta zombie-like parlor alpha 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: Floppy violet voyeur lodge 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: Comical Boistinker Sex Offender 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: Beta zombie-like parlor alpha 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: Comical Boistinker Sex Offender 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: Beta zombie-like parlor alpha 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: Comical Boistinker Sex Offender You make me laugh.
TYTY. This thread is excellent. |
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Date: January 20th, 2010 9:59 PM Author: motley wagecucks 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: Heady Dog Poop 180 zillion
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Date: January 20th, 2010 11:48 PM Author: Razzmatazz Hot Boltzmann 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: Heady Dog Poop (https://xoxohth.com/thread.php?thread_id=1196636&forum_id=2#13871264) |
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Date: January 20th, 2010 9:57 PM Author: Bronze jap range 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: Beta zombie-like parlor alpha 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: motley wagecucks 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: Beta zombie-like parlor alpha 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: White Mind-boggling Trailer Park Filthpig 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: Beta zombie-like parlor alpha 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: Bronze jap range 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: Beta zombie-like parlor alpha 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: Bronze jap range 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: Beta zombie-like parlor alpha 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: Comical Boistinker Sex Offender 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: Bronze jap range 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: olive nubile school cafeteria goyim 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: Beta zombie-like parlor alpha 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: motley wagecucks 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: Beta zombie-like parlor alpha 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: lascivious drab immigrant set 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: Beta zombie-like parlor alpha 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: Erotic elastic band state 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: Heady Dog Poop (https://xoxohth.com/thread.php?thread_id=1196636&forum_id=2#13871268) |
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Date: January 21st, 2010 3:17 PM Author: Bearded Wild Windowlicker 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: Beta zombie-like parlor alpha 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: Bearded Wild Windowlicker 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: Beta zombie-like parlor alpha 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: Bearded Wild Windowlicker 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: Beta zombie-like parlor alpha 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: Bearded Wild Windowlicker 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: Beta zombie-like parlor alpha 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: Bearded Wild Windowlicker 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: Ruddy chapel 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: Beta zombie-like parlor alpha 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: Ruddy chapel 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: Ruddy chapel 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: primrose gunner 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) |