AOL in dock over illegal billing
Dec 04 2005 03:00:13:900PM
Belleville, Illinois - A lawsuit seeking to potentially cover hundreds of thousands of AOL subscribers accuses the Time Warner unit of illegally billing customers by creating secondary accounts for them without their consent.
The lawsuit, filed last month in St Clair County Circuit Court on behalf of 10 AOL customers in six states, claims the company confused and deceived customers about the charges, stalled them from cancelling unauthorised accounts and refused to return questioned fees.
"AOL exploits its subscribers' confidential billing information to unlawfully generate additional revenue by charging subscribers for additional membership accounts that they neither order nor request," the lawsuit alleges, calling the scheme "common, uniform and continuing".
The lawsuit, seeking class-action status, mirrors more than a dozen other actions that have been pending in state and federal courts throughout the country, said Stuart Talley, a Sacramento, California, attorney representing the plaintiffs in the Illinois lawsuit. All of the federal cases were consolidated in California two years ago, Talley said.
Dulles, Virginia-based AOL declined to comment immediately. Co-defendant ICT Group, the outsourcing company AOL retained to respond to customer complaints and billing matters, did not immediately return a message seeking comment.
Different screen names
Plaintiffs include an Illinoisan, two Californians, three Tennesseans, a West Virginian, two Alabamans and a New Yorker.
No hearing date has been set on the Illinois case, which accuses AOL of violating Illinois' Consumer Fraud and Deceptive Business Practices Act.
The latest lawsuit alleges that AOL misrepresented that subscribers may add up to seven different screen names to a membership account for free.
But AOL "in many instances" spun off those screen names into additional membership accounts without the subscribers' knowledge, then charged and collected a separate monthly fee for each account.
The company requires members to pay charges and fees by credit card, electronic withdrawals from their bank accounts or by adding to their telephone bills, giving subscribers no opportunity to review a bill before making a payment, the lawsuit claims.
Prevent cancellations at all costs
To maintain its customer base, according to the lawsuit, AOL has instructed customer-service contractors such as ICT to prevent AOL subscribers from cancelling their accounts "at all costs" and to resist giving refunds.
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That is disgusting. I'm not with AOL but that has just highlighted something I've noticed recently but have not bothered to check. My provider has been sending me two emails under separate email addresses to inform me that my account will be debited for the month's charges. I think I'll check to make sure they have not been debiting my account twice. You never know.