Dear Attorney Williams:
A (local) company used to host my web site. I wasn’t happy with the services so I called them up and canceled our contract. I asked the company to stop drafting payments from my checking account and they said they would. Here it is, a month later, and (the company) is still taking money out of my account. Isn’t that theft? I called up the company and told them to stop taking money from the account once again and to reimburse me. I was told that someone would call me back but they never did. What should my next step be?—Reader
Write the company and inform it of the mishap. Also, make a formal request, in writing to the company, to cancel the contract and return the money to your account that was erroneously drafted. Thereafter, you may want to certify return receipt the letter and e-mail it to the respective department, probably customer service or billing, in the company. Make sure you inform the company, in your letter, to refrain from making monthly drafts from your checking account.
Reader, prior to writing the letter, make sure you review the contract, if there is one, between you and the hosting company to determine the length of your agreement. For example, if you agreed to utilize the company’s services for a designated time and that time has not expired, the company may have a penalty clause in the contract. If so, that’s probably why it made the draft from your account. Hopefully that’s not the case and the draft was a mistake.
In addition, contact a consumer law attorney if you are not successful with the aforementioned tips to learn more about your rights.
If you have a legal issue on your mind, write me at firstname.lastname@example.org or PO Box 7231, Tallahassee, Florida 32314.