Petition For Class-Action-Lawsuit Customers Vs MJ

DownWithMJ · Post by **DownWithMJ** » Tue Jul 26, 2011 5:16 am

I've been using Magicjack since 02/10/2010. It was going well besides the automatic disconnect around 1 hour and 30 minutes or the message about contacting my carrier whenever we tried to call mj from our cells. Yesterday however after talking to my wife on the mj about 3x all for 1 hour and 30 mins each. I find out my service has been cancelled due to excessive use. Which if you read the TOS, it's not defined and only states that it is somewhere around 20x that of an average mj customer. I don't work for mj, how am I supposed to know what the average customers call volume is? I got off my own. This company is corrupt and we need to band together and sue them. I'm trying to get enough people together and start a petition. Not only for a lawsuit, but get the media involved. CNBC CNN< etc. This way potential customers can be fully aware exactly what will happen if they should buy the MJ and do "excessive calling"

(edit* I should note, my wife is visiting her family in canada and we normally never use mj for calls at the cut off point but 4 1/2 hours spaced through out the day and they ternimate?)

Here's the TOS if anyone is interested.

Tasha: You agree that you are responsible for your own communications and for any consequences that arise from them. You agree that you will use the magicJack device and magicTalk in compliance with all applicable local, state, national, and international laws, rules and regulations. Among other things you will not agree to, and will not authorize or encourage any third party to: (a) prevent others from using their magicJack devices, and/or magicTalk (b) use the magicJack device or magicTalk for any fraudulent or inappropriate purpose, or (c) remove any copyright, trademark or other proprietary rights notices contained in or on the magicJack device and/or magicTalk, including those of any of our business associates, from whom we may have licensed certain components used in the magicJack device and or magicTalk. Violation of any of these obligations may result in immediate termination of this Agreement, and may subject you to state and federal penalties and other legal consequences. magicJack and/or VocalTec reserves the right, but will have no obligation, to investigate your use of the magicJack device and/or magicTalk in order (a) to determine whether a violation of the Agreement has occurred or (b) to comply with any applicable law, regulation, legal process or governmental request. magicJack and/or VocalTec reserves the right to block calls to numbers that abuse its services such as, but not limited to, traffic stimulation numbers. If magicJack and/or VocalTec sees excessive use, including but not limited to, a customer whose usage is twenty (20) times more than the average magicJack or magicTalk customer usage, or a customer who calls more than 50 different telephone numbers per day, or systematic or intentional misuse, it reserves the right, in our sole discretion, to terminate your use of the magicJack device and/or Software and/or magicTalk immediately, and you will not be entitled to get a refund of any licensing fee or any other fee you may have paid to us. We reserve the right to reclaim any telephone number that does not make a call for a consecutive 90 days. In the event that we reclaim a phone number and your software license is still active, you may choose another phone number.

crackerjack · Post by **crackerjack** » Tue Jul 26, 2011 11:39 pm

May I offer you some cheese to go with your whine??

DownWithMJ · Post by **DownWithMJ** » Wed Jul 27, 2011 1:44 pm

Does your stream of consciousness have any fish in it?

conniemadagain · Post by **conniemadagain** » Wed Jul 27, 2011 6:15 pm

I think you should carry on with your suit ...

Maybe we will get an answer to "excessive use" ... Like an actually time amount ..

DownWithMJ · Post by **DownWithMJ** » Thu Jul 28, 2011 10:11 am

Thanks@conniemadagain. I did want to give a little update or work around and some fun if this happens to any of you. We can all agree MagicJack is still the cheapest way to make and receive calls. Right now Google Voice allows people to make outbound calls to US/Canada for free. Their cut off is around 2 Hours. So that's a great alternative to avoid excessive usage. Also, I went down to my local walmart and purchased another MJ for $29.95 + tax. I talked on it more excessively than ever. Of course the next day, their computers flagged the MJ and ternimated it. I brought it back to walmart for a refund. 90 day return policy. You could also exchange it for another one. If Mj had more consideration for their customers or at least defined their TOS, none of the angry customers would be posting. I feel sorry for all the poor saps who have had this happen and it is their only source for a phone. MJ is a backup at best and good for those long distance calls.

crackerjack · Post by **crackerjack** » Thu Jul 28, 2011 11:18 am

DownWithMJ wrote:Thanks@conniemadagain. I did want to give a little update or work around and some fun if this happens to any of you. We can all agree MagicJack is still the cheapest way to make and receive calls. Right now Google Voice allows people to make outbound calls to US/Canada for free. Their cut off is around 2 Hours. So that's a great alternative to avoid excessive usage. Also, I went down to my local walmart and purchased another MJ for $29.95 + tax. I talked on it more excessively than ever. Of course the next day, their computers flagged the MJ and ternimated it. I brought it back to walmart for a refund. 90 day return policy. You could also exchange it for another one. If Mj had more consideration for their customers or at least defined their TOS, none of the angry customers would be posting. I feel sorry for all the poor saps who have had this happen and it is their only source for a phone. MJ is a backup at best and good for those long distance calls.

You should really be proud of yourself...
Way to 'stick it to the man'!!
I just hope you don't have any kids to follow your sterling example of honesty and good sense...

Darkman90808 · Post by **Darkman90808** » Thu Jul 28, 2011 12:13 pm

You should really be proud of yourself...
Way to 'stick it to the man'!!

Crackerjack - funny, 'cause I was thinking exactly the same thing. It never ceases to amaze me how folks who self-righteously rant over other's lack of integrity don't seem to have any of their own.

Keep up the good work, DownwithMJ! Jerk.

bitstopjoe · Post by **bitstopjoe** » Thu Jul 28, 2011 1:53 pm

Ditto AND Amen......... ^

cell14 · Post by **cell14** » Fri Jul 29, 2011 1:43 am

I wonder how long do you have to talk in order to get your MJ disconnected within 24 hours...
anyone has an idea how many class action lawsuit against MJ have been announced on this forum ?
This is so funny.

nailgunner · Post by **nailgunner** » Fri Jul 29, 2011 6:28 am

cell14 wrote: This is so funny.

It's obviously beyond funny. I will quit laughing in about a week, maybe, if I can get out of my head that someone actually thinks "CNBC CNN< etc" would be remotely interested in this. I can see it now, right after the budget crisis is taken care of, of course: "Next on CNN, are you being screwed by a $40 phone device? The biggest pyramid scheme since Bernie Madoff".

DownWithMJ · Post by **DownWithMJ** » Fri Jul 29, 2011 8:29 pm

The funny part for me is the E-thugs on the internet. Talk shit act all badass, but in reality, What are we talking here 5'6 and either too skinny or too fat to actually matter. I'm willing to bet my house none of you shit talkers would actually have the balls to run your mouths face to face. If you don't like what I write or aren't for the cause, then why are your trolling? Justing to get your posts up and act badass on a forum for a voip phone. LMAO ROFL sad and fail@ life. Good luck bra, do whatever you need to feel important to someone. Good to at least see not everyone on here is a post whore. But since majority is, has no valid point and their opinion means jack shit to me, but I did enjoy the LOLs of the the little wanna be e-thugs, running their mouths, I'll let you guys carry on with your little forum club. P.S. If any of you e-thugs are ever in or around my area...please just in and pay me a visit 1731 Buena Vista Ct. Alamogordo, NM...good luck, any mods reading please remove my account from this forum.

crackerjack · Post by **crackerjack** » Fri Jul 29, 2011 11:07 pm

DownWithMJ wrote: P.S. If any of you e-thugs are ever in or around my area...please just in and pay me a visit ...good luck, any mods reading please remove my account from this forum.

http://maps.google.com/maps?q=1731+Buen ... CBkQ8gEwAA

Is your daddy a cop or a taxicab driver?

nailgunner · Post by **nailgunner** » Sat Jul 30, 2011 12:32 am

DownWithMJ wrote:The funny part for me is the E-thugs on the internet. Talk shit act all badass, but in reality, What are we talking here 5'6 and either too skinny or too fat to actually matter. I'm willing to bet my house none of you shit talkers would actually have the balls to run your mouths face to face. If you don't like what I write or aren't for the cause, then why are your trolling? Justing to get your posts up and act badass on a forum for a voip phone. LMAO ROFL sad and fail@ life. Good luck bra, do whatever you need to feel important to someone. Good to at least see not everyone on here is a post whore. But since majority is, has no valid point and their opinion means jack shit to me, but I did enjoy the LOLs of the the little wanna be e-thugs, running their mouths, I'll let you guys carry on with your little forum club. P.S. If any of you e-thugs are ever in or around my area...please just in and pay me a visit 1731 Buena Vista Ct. Alamogordo, NM...good luck, any mods reading please remove my account from this forum.

My my my some people get touchy when others don't agree with them.

Please be sure to stop back and let us know when CNN is airing the MagicJack story. I don't want to miss it.

Darkman90808 · Post by **Darkman90808** » Sat Jul 30, 2011 10:20 am

DownWithMJ - your failed attempt to divert the issue doesn't make you any less of a jerk. Jerk!

Blackman · Post by **Blackman** » Wed Nov 16, 2011 5:10 pm

Ok so I originally bought a Magic Jack, despite its limitation of having to be plugged into a computer that is on in order to work. Now they have come out with the Magic Jack Plus and it works with or without a computer so I want to upgrade.

I check to see if they have an upgrade program and am told no that I have to pay FULL PRICE and can't even transfer my existing years of service that I have left over. I tell them how unfair this is for loyal existing customers that have bought the original Magic Jack in good faith believing this was one of the most and best cost effective way to make calls even though it couldn't be used without a computer. I also tell them that to advertise a product as that best most cost effective method and then develop a new product that can call without computers and expect customers who bought the other product in good faith to pay FULL PRICE to upgrade is just A SCAM!!!

Magic Jack is A SCAM!!! DO NOT buy ANY Magic Jack products EVER!!!

bitstopjoe · Post by **bitstopjoe** » Wed Nov 16, 2011 6:43 pm

You can use the rest of your years with the orig MJ and use the MJ plus at the same time WITH THE SAME NUMBER ( just be sure to register the plus to your existing MJ account)...
Of course the MJ plus will expire first ( if you only have 1 yr of service) so you have to keep an eye on it.
So while you cant transfer the remaining years to the plus you are NOT losing them.

Dalton63841 · Post by **Dalton63841** » Sat Nov 19, 2011 12:36 pm

Just want to say that I have been using MagicJack going on 3 years straight now.

I do kinda wish existing customers could have gotten some kind of deal on the new MagicJack Plus, but I don't regret spending the money at all.

I have my magicJack Plus, modem, and router plugged into a UPS, so there is virtually no downtime, even during power outages. My call quality is on par with the local telephone service.

Perhaps the difference is that I don't feel the need to use it in the same fashion as a 15 year old girl with her parents cell phone...(In excess of 1.5 hours on a single call, REALLY?)

That having been said, I wouldn't buy the 5 year deal. None of us know what the future holds, and $20 a year is so cheap, I'm not gonna miss the maybe $10 savings from a 5 year contract.

greenman · Post by **greenman** » Mon Nov 21, 2011 12:34 am

I get these calls from 'Rachel from Credit Card Services' all the the time on my regular AT&T landline phone. How much do you want to bet its someone like 'Rachel' who bought fifty magic jacks and is using them to robo-call everyone's uncle? It wouldn't surprise me if MagicJack thinks that people who call more than fifty people a day on a regular basis might be robocallers trying to scam people out of their money.

By the way, this 'Rachel'? She is a credit pirate. She'll try to steal your debt so she can raise the APR in a few months to truly usurious levels. I always ask the people who answer for 'Rachel' how they can sleep at night knowing they're robbing people they know won't be able to pay. I always get a potty-mouth answer. They know they're unassailable, and the FCC isn't doing anything to put them in jail.

Yes, I know there are business people who are on the phone all the time, but how many real people, business or otherwise call fifty unique numbers in a day? Who has the time?

I would like to know though how much is twenty times the average caller time per day...

nailgunner · Post by **nailgunner** » Mon Nov 21, 2011 12:01 pm

greenman wrote: Yes, I know there are business people who are on the phone all the time, but how many real people, business or otherwise call fifty unique numbers in a day? Who has the time?

That's why there has always been a great deal of skepticism on the rare posts where someone has claimed they were cut off for "overuse" and didn't have a clue why. That said it would still be nice for them to be more specific in the TOS and also to tell you exactly why you were cancelled.

okcjim · Post by **okcjim** » Mon Nov 21, 2011 3:17 pm

It's amazing to me that people pay about the price of a couple of lunches for long distance telephone service for a year and get bent out of shape over petty stuff like I've read in this forum. Of course, my use is probably different than most of yours.

I've had my MagicJack for over two years and probably haven't made - or answered - two dozen calls on it. (So I guess I'm guilty of pulling down the average MJ user usage). I use mine primarily as a number to give out when I'm on a web site that demands a phone number before they will direct you to information, or registering for mailed information at a trade show and they also want a telephone number. Then I give my MagicJack number.

If I get calls back from it, I don't answer them. I check voice mail, and if I decide it's something I want to talk about, I call back. Otherwise, they can keep calling the number and getting no answer. That service alone is worth the annual fee to me - so I certainly can't understand the agitation from people who apparently use theirs many hours a week.

nailgunner · Post by **nailgunner** » Mon Nov 21, 2011 5:03 pm

okcjim wrote: I certainly can't understand the agitation from people who apparently use theirs many hours a week.

Part of it is just knowing ahead of time so you can avoid a problem.

An example is a fairly recent NetTalk post. Some guy had some family medical emergency that supposedly put him over their limits. If I remember the posts correctly, there were solutions offered to him which may or may not have worked since I don't believe he posted after some initial complaints.

I take most such posts with a grain of salt, whether on here or with other products. That still doesn't change the fact that MJ could set a monthly minute cap, but have, in their wisdom, decided not to. And MJ users have reported being cut off and not told why. The last thing I'm going to worry about is if making 50 calls in a 24 hour period because of a one-time emergency will get me cut-off. But I sure will be pissed the next day. As it stands now we are only left to guess at what is or isn't allowed.

Pablo123 · Post by **Pablo123** » Tue Nov 22, 2011 8:50 pm

E911 is still active when you break the TOS, you just cant dial regular numbers.

MagicJackLinux · Post by **MagicJackLinux** » Tue Dec 13, 2011 7:50 am

I don't consider CNN or CNBC "Media" haha. Hey, It's 34 bucks. Forget it. You'll spend far more fighting to feeeeeel good.

nailgunner · Post by **nailgunner** » Tue Dec 13, 2011 4:06 pm

MagicJackLinux wrote:I don't consider CNN or CNBC "Media" haha. Hey, It's 34 bucks. Forget it. You'll spend far more fighting to feeeeeel good.

Well we haven't heard from DownWithMJ for a while. Must be busy with a CNN producer on the MJ story.

SickofMJ · Post by **SickofMJ** » Wed Feb 08, 2012 11:55 pm

I think you SHOULD PROCEED with the class action against Magic Jack. Everything about it sucks. I feel that they are dishonorable and have no intention of giving satifaction to the customers they have purchased.

I think it was a great idea, but the product still has way to many bugs in it and is clearly not ready for public use! The inventors know this but by now they've made a few million bucks and could care less about all of us that have been juked!!

There is NO customer service help AT ALL. A bunch of non-AMERICAN ENGLISH people giving i'm sorry's then hang up on you!!

There is no warning about the old MJ renewal cost going to $29 instead of the original $19.99 renewal cost. So in essence they're forcing you to buy the NEW NON WORKING PLUS MJ !!!

THESE PEOPLE ARE CROOKS AND DISHONEST AND SHOULD BE HELD ACCOUNTABLE !!!!

conniemadagain · Post by **conniemadagain** » Thu Feb 09, 2012 12:53 am

SickofMJ wrote: I think you SHOULD PROCEED with the class action against Magic Jack. Everything about it sucks. I feel that they are dishonorable and have no intention of giving satifaction to the customers they have purchased.

I think it was a great idea, but the product still has way to many bugs in it and is clearly not ready for public use! The inventors know this but by now they've made a few million bucks and could care less about all of us that have been juked!!

There is NO customer service help AT ALL. A bunch of non-AMERICAN ENGLISH people giving i'm sorry's then hang up on you!!

There is no warning about the old MJ renewal cost going to $29 instead of the original $19.99 renewal cost. So in essence they're forcing you to buy the NEW NON WORKING PLUS MJ !!!

THESE PEOPLE ARE CROOKS AND DISHONEST AND SHOULD BE HELD ACCOUNTABLE !!!!

you tell em mr. one post wonder !!!

Darkman90808 · Post by **Darkman90808** » Thu Feb 09, 2012 10:47 am

I think the extra large font with all caps and FOUR (!!!!) exclamation points for the last sentence really emphasize how serious this is. I'm going to call my attorney muy pronto!

Sorry for the non-American English, but that's how we talk in Lost Angeles.

bitstopjoe · Post by **bitstopjoe** » Thu Feb 09, 2012 10:52 am

Darkman90808 wrote:I think the extra large font with all caps and FOUR (!!!!) exclamation points for the last sentence really emphasize how serious this is. I'm going to call my attorney muy pronto!

Sorry for the non-American English, but that's how we talk in Lost Angeles.

EXCELLENT POINT!!!!!!!! ( hey I beat him in exclamation points). I am sure the attorney fees he will incur will never be more than what a MJ costs, right

greenman · Post by **greenman** » Thu Feb 09, 2012 12:49 pm

I've been using mine as the main home phone since December. Nobody can tell it's not a POTS line, except for one good neighbor whose own POTS line is problematic.

I kicked AT&T to the curb!!!!!!!!!!!*
They came back with a whiny 'We miss you letter', saying we could come back for the same old contract, at the price we had before they jacked it out of our budget. I wanted to laugh in their faces. Buh bye, AT&T.

*I'd use larger letters, but it's rude. Though no legal implications are implied, repeated exclamatory punctuation most certainly increases my credibility. It also makes me more handsome and increases my... charisma.

cell14 · Post by **cell14** » Thu Feb 09, 2012 11:35 pm

I am sure the attorney fees he will incur will never be more than what a MJ costs, right

The costs of MJ will cover one( very short) smile of attorney's receptionist.
Why do people pick up those antique threads?

conniemadagain · Post by **conniemadagain** » Fri Feb 10, 2012 3:21 am

DAMMIT, I COULD NOT READ A DAMN THING YOU GUYS POSTED !!!!!!!!!!!!!

AND I AM A "GOD" ... !!!!!!!

bitstopjoe wrote:
Darkman90808 wrote:I think the extra large font with all caps and FOUR (!!!!) exclamation points for the last sentence really emphasize how serious this is. I'm going to call my attorney muy pronto!

Sorry for the non-American English, but that's how we talk in Lost Angeles.
EXCELLENT POINT!!!!!!!! ( hey I beat him in exclamation points). I am sure the attorney fees he will incur will never be more than what a MJ costs, right

GOOD NIGHT NOW ...

Petes · Post by **Petes** » Thu Apr 19, 2012 10:24 pm

They should simply disconnect the call and ban you for a few hours or something, cancelling a service is just so rude and retarded.

They should tell you something like "your service has been disconnected for x hours" or warn you before doing it. The same with making excess multiple calls.

Make a warning before terminating a call for god's sake.

MJ policies are a joke.

jemjaz · Post by **jemjaz** » Mon May 07, 2012 9:09 pm

I was a Magicjack fan that's why i own 3 of their units. I purchased MJ for a specific purpose: To be able to communicate with my husband, who works in the USA, for less the cost of a regular phone line.

I have been using MJ for almost 2 years now and was able to call my husband's work number in the US for over a year until this month. When I started dialing his number this month, all of a sudden, I`m getting an unusual message from a machine: `To call a conference line or a platform pls visit us at mymagicjack.com/prepaid to buy prepaid minutest.' I contacted MJ`s customer service and all they can tell me is that it`s stated in their TERMS OF SERVICE that they '' may require prepaid purchase and/or we may charge you for calls to conference lines, platforms and certain non-ILEC area calls, or any call wherein we incur a cost from another carrier.''

I am just wondering how come they didn`t make this clear in any of their advertisements? They always say that by using MJ we will be able to make FREE calls anywhere in the US or CANADA. All of a sudden, they feel the urge to rip off their existing and loyal customers by charging hidden fees. MJ`s advertisement is very MISLEADING.

And when I asked the CSR as to where I can find the posted rates for what they call "HIGH COST USA AREA", she told me just to purchase some credits and use it to call my husband and make my own computations as to how much it will cost me. HAHAHA! Very funny and very stupid response!

Then I asked the CSR as to when did they actually start charging for this because I used to call my husband for over a year now without purchasing any credits. Her response is : ''We do not have an exact time frame to when it started but since it is stated on our terms of service and While this has been part of our Terms of Service for years, we have just recently begun to enforce it. '' «« In short, MJ just felt a sudden need to charge existing clients some hidden charges without communicating it properly. MJ started to look for a way to rip off existing and loyal customers to offset their so called '' Cheap costs of calling the US and CANADA.'' The CSR even has the guts to ask me to buy additional unit for my husband so we can talk again using MJ without incurring additional fees. HAHAHA! again!!!

I just hope that people who will actually read this will actually show real concern and not just post some lame and nonsense comments. Thanks for your time reading this.

has9999 · Post by **has9999** » Wed May 16, 2012 12:05 am

Their policies are posted within the TOS.
Subject to their current interpretation and
the mood and phase of the moon. (Or not.)
Just a bit of time on this site and you will not feel
quite so alone in your disappointment.

gene69 · Post by **gene69** » Mon Nov 05, 2012 12:41 am

I've been using MagicJack for years and at the beginning thought it was a pretty slick service despite their lack any customer service that benefited the customer.

Lately, like others who have posted, I've had calls dropped, service issues, and no longer able to call most conference bridges.

The icing on the cake for me was porting over a number to my MJ. Not only did I have to pay a $10 porting fee, but when these problems started to appear on my account, I looked at how to port the number back.

$30 to port the number away+ $10 to assign a free number to the MJ that had the number ported to it. If you don't pay, you can't get your number back.

According to them it's all in the TOS and shame on the customer for not reading all of it before signing up.

The service fees and terms are a moving target and while they advertise low costs, they stick it to the customer at every turn, and for things most other companies offer at no charge.

Where is the class action lawsuit and where do I sign up?

charlena · Post by **charlena** » Mon Nov 05, 2012 9:04 am

gene69 wrote:
Where is the class action lawsuit and where do I sign up?

Here M'fkn Here!!!!
I'm ready to start the posse and even though we won't see a dime or maybe a dime of the money that is won in it I am a VENGEFUL bi^&* and i'll get lots of satisfaction assisting in the demise of such crooks.

"Get a rope!!!!!"

magicJack and magicJack Plus Support, Reviews, FAQs and Tricks

Petition For Class-Action-Lawsuit Customers Vs MJ

Petition For Class-Action-Lawsuit Customers Vs MJ

Boo Hoo

Magic Jack Plus Scam

Media? Haha!

Re: Media? Haha!

Proceed with Class action against Magic Jack!!

Re: Proceed with Class action against Magic Jack!!

I kicked AT&T to the curb!!!!!!!!!!!

HIDDEN CHARGES » MJ RIPPING OFF EXISTING CUSTOMERS

Where is the class action lawsuit???

Re: Where is the class action lawsuit???