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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: Insane Antidepressant Drug 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: dashing ladyboy 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: Insane Antidepressant Drug 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: cracking topaz windowlicker 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: Insane Antidepressant Drug 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: cracking topaz windowlicker 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: dashing ladyboy 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: cracking topaz windowlicker 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: Insane Antidepressant Drug 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: Vivacious Maniacal Hall People Who Are Hurt 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: Free-loading 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: Insane Antidepressant Drug 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: Racy resort 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: Insane Antidepressant Drug 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: cracking topaz windowlicker LOL
you have no fucking clue |
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Date: January 20th, 2010 9:49 PM Author: cracking topaz windowlicker 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: Insane Antidepressant Drug 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: Wonderful cruise ship "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: cracking topaz windowlicker 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: Racy resort 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: cracking topaz windowlicker 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: Free-loading 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: cracking topaz windowlicker 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: Vivacious Maniacal Hall People Who Are Hurt 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: shimmering deep market patrolman 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: stimulating yarmulke legend 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: Charcoal office kitty cat 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: Ebony Bearded School (https://xoxohth.com/thread.php?thread_id=1196636&forum_id=2#13865450) |
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Date: January 20th, 2010 9:36 PM Author: Twinkling Bipolar Hospital 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: Insane Antidepressant Drug 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: Vivacious Maniacal Hall People Who Are Hurt 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: diverse twisted hairy legs 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: Insane Antidepressant Drug $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: Stirring Locale 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: Insane Antidepressant Drug 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: Stirring Locale 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: Insane Antidepressant Drug 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: Stirring Locale 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: Insane Antidepressant Drug 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: Racy resort 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: Insane Antidepressant Drug 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: Racy resort 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: Insane Antidepressant Drug 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: Racy resort 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: Insane Antidepressant Drug 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: cracking topaz windowlicker 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: cerebral embarrassed to the bone brunch laser beams " 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: cracking topaz windowlicker 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: Insane Antidepressant Drug 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: diverse twisted hairy legs 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: Racy resort 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: Insane Antidepressant Drug 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: Racy resort 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: Insane Antidepressant Drug 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: Racy resort You make me laugh.
TYTY. This thread is excellent. |
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Date: January 20th, 2010 9:59 PM Author: grizzly newt 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: Irate Plaza Community Account 180 zillion
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Date: January 20th, 2010 11:48 PM Author: Ebony Bearded School 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: Irate Plaza Community Account (https://xoxohth.com/thread.php?thread_id=1196636&forum_id=2#13871264) |
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Date: January 20th, 2010 9:57 PM Author: Motley chrome idiot 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: Insane Antidepressant Drug 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: grizzly newt 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: Insane Antidepressant Drug 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: Twinkling Bipolar Hospital 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: Insane Antidepressant Drug 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: Motley chrome idiot 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: Insane Antidepressant Drug 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: Motley chrome idiot 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: Insane Antidepressant Drug 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: Racy resort 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: Motley chrome idiot 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: Stirring Locale 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: Insane Antidepressant Drug 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: grizzly newt 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: Insane Antidepressant Drug 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: vigorous queen of the night 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: Insane Antidepressant Drug 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: Up-to-no-good Sepia Sex Offender 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: Irate Plaza Community Account (https://xoxohth.com/thread.php?thread_id=1196636&forum_id=2#13871268) |
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Date: January 21st, 2010 3:17 PM Author: Talking rigor 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: Insane Antidepressant Drug 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: Talking rigor 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: Insane Antidepressant Drug 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: Talking rigor 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: Insane Antidepressant Drug 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: Talking rigor 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: Insane Antidepressant Drug 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: Talking rigor 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: cruel-hearted site jap 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: Insane Antidepressant Drug 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: cruel-hearted site jap 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: cruel-hearted site jap 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: stimulating yarmulke legend 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) |