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.

