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  1. #1
    Join Date
    Jun 2006
    Location
    Jacksonville, Florida
    Posts
    27

    Default Legal Disclaimer

    My question involves small claims court in the state of: Florida

    I am having a problem with Digital River/Trend Micro out of California. They have debited my checking account 2 times in the past 2 days without any authorization. I had purchased a copy of Trend Micro PC-Cillin internet security antivirus software online a few years ago. Once a year I get an email advising the account will be automatically renewed and charged $44.95 for the year. This year, prior to the automatic renewal, I notified them of my intent to cancel the renewal and was sent an email confirming the account was cancelled. A few days later not just one, but 2 $44.95 charges appeared on my checking account. My whole reason for canceling the renewal was I could not change the billing information on the account and they were going to charge an account a Compass Bank that has been inactive with a $5 balance for some time. When the debited the renewal those 2 times it brought the account $84 negative and I was charge 2 NSF fees of $38 each for those transactions.

    I contacted Digital River who refunded the 2 unauthorized $44.95 charges but they are reusing to pay for the two $38 NSF fees they caused me. When I asked the call center floor supervisor why they would not pay for the $76 in fees, he stated in their legal disclaimer, found at http://us.trendmicro.com/us/about/co...ice/index.html, states they are not responsible for errors.

    Do I have any recourse against this? If so would I contact the civil court in my county or the county in Cali? I have finally gotten everything strait since my chapter 7 a few years ago, just built a new house, bought a new car, gotten married have a child, my credit score is back up to the 700 range, ect. But I do not make a lot of money and do not feel I should be liable for the errors of others.

  2. #2
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Legal Disclaimer

    Given that you cancelled in writing and got a confirmation of cancellation in writing, you could quite possibly take them to small claims court and win.

    However, once you get done paying the filing fee and court costs, is it worth the effort?

    Have you contacted your bank and asked them to waive the fees? Often, if you just speak with a bank representative and present documentation, they will reverse the fees.

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