Local firm slapped with $125,000 fine for "free"

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francois
magicJack Apprentice
Posts: 18
Joined: Tue Jul 29, 2008 5:38 pm

Local firm slapped with $125,000 fine for "free"

Post by francois »

mberlant
Dan Should Pay Me
Posts: 829
Joined: Sun Feb 01, 2009 7:47 pm
Location: Japan

Post by mberlant »

Unfortunately, the title of this thread is incorrect on two counts.

First, MJ was not assessed any fine. They settled, without admitting guilt (because they were not guilty, in my opinion), and agreed to reimburse the county for its expenses. This amounts to extortion on the part of the county because they demanded to be reimbursed for the costs of a baseless investigation, but for MJ paying the ransom was less expensive than defending the case in court and ultimately being found not guilty. MJ would have had to spend more than that $125,000 in the court proceeding, with no guarantee that the judge would understand credit card operations any more than the prosecutor, so they opted to stop the procedure at this point.

Second, "free" was not a point of contention in this action. The county failed to understand the difference between an authorization hold on a credit card and a sales transaction. There have been discussions in this forum on that very topic, where the "victim" failed to understand that the money was still his, but he could not have use of it during the 30 day window.

I don't believe there ever was a pattern of processing a charge transaction at the outset of the sale instead of an authorization transaction.
QuantumIguana
MagicJack Newbie
Posts: 8
Joined: Mon Apr 06, 2009 10:18 pm

Post by QuantumIguana »

It's similar to making a hotel reservation with a credit card vs. a debit card. If you use a debit card, the amount may be decucted from your account and then only added back if you cancel within the hotel's time frame for cancelling.
kcowan
MagicJack Contributor
Posts: 51
Joined: Mon May 26, 2008 12:46 pm

Post by kcowan »

There is a little difference. The hotel does not offer the first night free.

In the advertising world, MJ would be smarter to be offering a moneyback guarantee.

BTW, it sometimes take 3 days to get a pre-authroization removed from a credit card. You will discover this if you book into a hotel for a week but leave after the first night.
For the fun of it....Keith
MJKobe
magicJack Apprentice
Posts: 10
Joined: Wed May 20, 2009 5:29 am

Post by MJKobe »

I dunno, I can see other "free" services where you get a trial but not charge your credit card during the trial. In case of MJ, if they charge then its not free I guess.
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