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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: Carnelian dog poop 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: Federal bearded market giraffe 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: Carnelian dog poop 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: free-loading comical gaping pocket flask 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: Carnelian dog poop 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: free-loading comical gaping pocket flask 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: Federal bearded market giraffe 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: free-loading comical gaping pocket flask 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: Carnelian dog poop 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: shaky odious kitchen 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: Canary dysfunction 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: Carnelian dog poop 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: slippery topaz weed whacker locale 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: Carnelian dog poop 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: free-loading comical gaping pocket flask LOL
you have no fucking clue |
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Date: January 20th, 2010 9:49 PM Author: free-loading comical gaping pocket flask 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: Carnelian dog poop 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: Supple son of senegal "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: free-loading comical gaping pocket flask 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: slippery topaz weed whacker locale 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: free-loading comical gaping pocket flask 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: Canary dysfunction 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: free-loading comical gaping pocket flask 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: shaky odious kitchen 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: gay masturbator 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: Appetizing honey-headed school 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: Salmon mexican space 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: Vibrant hateful site (https://xoxohth.com/thread.php?thread_id=1196636&forum_id=2#13865450) |
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Date: January 20th, 2010 9:36 PM Author: charismatic splenetic institution pisswyrm 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: Carnelian dog poop 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: shaky odious kitchen 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: Concupiscible medicated rigpig location 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: Carnelian dog poop $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: painfully honest chrome haunted graveyard 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: Carnelian dog poop 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: painfully honest chrome haunted graveyard 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: Carnelian dog poop 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: painfully honest chrome haunted graveyard 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: Carnelian dog poop 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: slippery topaz weed whacker locale 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: Carnelian dog poop 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: slippery topaz weed whacker locale 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: Carnelian dog poop 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: slippery topaz weed whacker locale 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: Carnelian dog poop 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: free-loading comical gaping pocket flask 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: House-broken theatre " 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: free-loading comical gaping pocket flask 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: Carnelian dog poop 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: Concupiscible medicated rigpig location 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: slippery topaz weed whacker locale 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: Carnelian dog poop 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: slippery topaz weed whacker locale 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: Carnelian dog poop 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: slippery topaz weed whacker locale You make me laugh.
TYTY. This thread is excellent. |
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Date: January 20th, 2010 9:59 PM Author: Laughsome Jade People Who Are Hurt 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 rambunctious kitty cat doctorate 180 zillion
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Date: January 20th, 2010 11:48 PM Author: Vibrant hateful site 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 rambunctious kitty cat doctorate (https://xoxohth.com/thread.php?thread_id=1196636&forum_id=2#13871264) |
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Date: January 20th, 2010 9:57 PM Author: exciting disgusting sex offender gaming laptop 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: Carnelian dog poop 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: Laughsome Jade People Who Are Hurt 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: Carnelian dog poop 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: charismatic splenetic institution pisswyrm 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: Carnelian dog poop 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: exciting disgusting sex offender gaming laptop 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: Carnelian dog poop 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: exciting disgusting sex offender gaming laptop 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: Carnelian dog poop 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: slippery topaz weed whacker locale 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: exciting disgusting sex offender gaming laptop 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: painfully honest chrome haunted graveyard 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: Carnelian dog poop 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: Laughsome Jade People Who Are Hurt 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: Carnelian dog poop 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: Yellow fragrant heaven voyeur 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: Carnelian dog poop 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: Know-it-all onyx business firm wrinkle 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 rambunctious kitty cat doctorate (https://xoxohth.com/thread.php?thread_id=1196636&forum_id=2#13871268) |
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Date: January 21st, 2010 3:17 PM Author: Bright Soggy Toaster Indian Lodge 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: Carnelian dog poop 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: Bright Soggy Toaster Indian Lodge 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: Carnelian dog poop 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: Bright Soggy Toaster Indian Lodge 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: Carnelian dog poop 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: Bright Soggy Toaster Indian Lodge 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: Carnelian dog poop 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: Bright Soggy Toaster Indian Lodge 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: Boyish Idiot Principal's Office 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: Carnelian dog poop 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: Boyish Idiot Principal's Office 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: Boyish Idiot Principal's Office 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: Appetizing honey-headed school 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) |