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Update on an OLD thread! Being charged a fee for something hidden in TOS...

Cuda1447

Cuda1447

Lifer
Some of you may remember this thread: http://forums.anandtech.com/showthread.php?t=2137125&highlight=acquired+loans

Well, I have an update on it. As it turns out, this company Acquired Loans has sent us paperwork indicating they plan to take us to small claims court.

I've made some more calls around the state and everything they are doing is unregulated in Florida. The only thing I can't determine and perhaps I will need to consult a lawyer about this, is whether or not it is legal to hide a fee deep within terms of service. It would seem there would be consumer laws about any fee's having to be clearly marked.

Would anyone happen to know of any resources on that subject in Florida?


My wife is probably just going to pay this damned fee now, but I hate letting shady ass fucking companies take advantage of people, so I'd still like to cause hell for these bastards.
 
wow.

on one hand you did use the service. but fuck them for hideing the amount in the TOS but then again you should have read it all.

i would pay it but call the BBB and anyone else in the goverment for fraud services.


edit: small claims could be fun too! the judge just might side with you.
 
Cuda1447 said:
Some of you may remember this thread: http://forums.anandtech.com/showthread.php?t=2137125&highlight=acquired+loans

Well, I have an update on it. As it turns out, this company Acquired Loans has sent us paperwork indicating they plan to take us to small claims court.

I've made some more calls around the state and everything they are doing is unregulated in Florida. The only thing I can't determine and perhaps I will need to consult a lawyer about this, is whether or not it is legal to hide a fee deep within terms of service. It would seem there would be consumer laws about any fee's having to be clearly marked.

Would anyone happen to know of any resources on that subject in Florida?


My wife is probably just going to pay this damned fee now, but I hate letting shady ass fucking companies take advantage of people, so I'd still like to cause hell for these bastards.
Click to expand...


I'm with you there. A lot of companies bank on fees low enough that you won't want to spend the time/money to get it resolved in court. It's super sleazy.

Good luck to you.
 
waggy said:
wow.

on one hand you did use the service. but fuck them for hideing the amount in the TOS but then again you should have read it all.

i would pay it but call the BBB and anyone else in the goverment for fraud services.


edit: small claims could be fun too! the judge just might side with you.
Click to expand...


I agree. My concern though is they are threatening 150, plus 80 dollars in other fees and 500 in attorney fees if we go to small claims court. 150 is one thing, 730 is a completely different.
 
http://acquiredloans.net/apply.php

That is their website now, as you can see the fee is not made apparent anywhere except hidden in the TOS halfway down. VERY easy to miss.

Let's put this another way and see if its really any different.

I am registering for a forum online. In the TOS it says if I get approved as a member of the forum I owe the website 150 dollars. I don't see this information ANYWHERE else except in the TOS and I happen to miss it in the wall of text. Should I have to pay that?
 
if you do go to small claims court and lose, then do you have to pay the court fees as well?

depending on how much the court fee is, it may be worth going to court.
 
Probably wise to get consolation from a lawyer or something. I'd be inclined to go to court with them, but I've never been in such a spot before.
 
Let them know that you plan on contacting the state's attorney general.
 
Cuda1447 said:
I agree. My concern though is they are threatening 150, plus 80 dollars in other fees and 500 in attorney fees if we go to small claims court. 150 is one thing, 730 is a completely different.
Click to expand...

Unless I'm mistaken, you're not allowed an attorney in small claims court. ?? Time to consult your own lawyer as to the best course of action.
 
Cuda1447 said:
http://acquiredloans.net/apply.php

That is their website now, as you can see the fee is not made apparent anywhere except hidden in the TOS halfway down. VERY easy to miss.

Let's put this another way and see if its really any different.

I am registering for a forum online. In the TOS it says if I get approved as a member of the forum I owe the website 150 dollars. I don't see this information ANYWHERE else except in the TOS and I happen to miss it in the wall of text. Should I have to pay that?
Click to expand...

Yowzer, that site threw my AV into a frenzy. 😵

KT
 
DrPizza said:
Let them know that you plan on contacting the state's attorney general.
Click to expand...

Better still, make the effort and actually do present this to the state's AG.

They all want to be governor someday, so they love helping the voters and possibly getting some good publicity from smiting evildoers.
 
Wow they even write it in English so if you're skimming it looking for a fee you can't find it easily. This type of thing is CLEARLY their goal.
 
Tweak155 said:
Wow they even write it in English so if you're skimming it looking for a fee you can't find it easily. This type of thing is CLEARLY their goal.
Click to expand...

And the other great part is that they state your credit card will not be charged. Plus when I looked through, the stated fees are given as percentages or something making it even more difficult to ascertain what you would be charged.
 
DaveSimmons said:
Better still, make the effort and actually do present this to the state's AG.

They all want to be governor someday, so they love helping the voters and possibly getting some good publicity from smiting evildoers.
Click to expand...

The local media love doing stories on companies like this too.
 
I thought about it - yeah, definitely report this to the attorney general. They're most likely using strong arm tactics to get these fees from a lot of people.
 
It's like those ads on the radio where the guy talks a mile-a-minute, at a very low volume, about the terms of the deal, and how what they just said at normal volume in the ad is actually irrelevant...
 
DrPizza said:
I thought about it - yeah, definitely report this to the attorney general. They're most likely using strong arm tactics to get these fees from a lot of people.
Click to expand...

This. They're expecting people to get intimidated by their threat of attorney fees/etc and just cave and pay their fee.
 
DrPizza said:
I thought about it - yeah, definitely report this to the attorney general. They're most likely using strong arm tactics to get these fees from a lot of people.
Click to expand...

Agreed. If it helps you could think of it trying to help other people out as well
 
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