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Hello I dont know if I am asking this at the right place or

 
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  • Answered by:Attorney & Mediator
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Hello I don't know if I am asking this at the right place or not.
My question concerns a billing issue with an online video game company. How to put this... The other day I signed up, purchased, or however it should be referred to, for what I believe they call a premium account subscription and a few in-game bonus.
Now they had the option to pay through Paypal and since I feel safer going through Paypal then giving them my personal information that is the payment option I took. I got a receipt of/for payment from paypal later that day but this morning I got an email from Paypal saying that the amount in question had been refunded. I went to the Game company's website and try to log in to try and ask someone what is going on and they basically tell me my account is suspended until I pay them the original amount and almost $21 extra and that they will have me prosecuted for attempted fraud if I don't. My question is can they do this and should I pay them?

 

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State/Country relating to question: United States

Submitted: 1066 days and 5 hours ago.
Category: Consumer Protection Law
Value: $30
Status: CLOSED
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Expert:  Attorney & Mediator replied 1066 days and 5 hours ago.

1) "Can they do this"?

Can they suspend the account? Yes, they can. Can they prosecute you for fraud? Not without evidence that you intentionally committed a fraud for the purpose of getting free services. They can suspend if you violated the terms of service. You don't make reference to any of this so I can't say whether they have a case against you or not.

2) "Should I pay them"?

Again you don't make reference if you violated any terms of service for them to suspend your account. If you did violate the terms and wish to avoid problems then you should paid them. If they have suspended your account in error, then I don't see why you should pay as you would have a legal claim for breach of contract against them and would suggest you report to your State's Consumer Protection Agency for further investigation.







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My answer or reply is limited to your facts presented and additional information you post may not come in after my reply or answer has posted, if this has occurred please let me know and I will answer further. Due to site tech reasons, oftentimes I am initially only able to see the first part of your post, so this may result in more interactions between us. There might also be a delay in my reply or answers, as I may be helping other customers, or called away from my office or have logged off. Please be assured your question(s) will be answered promptly.

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Customer replied 1066 days and 5 hours ago.

Sorry to continue this I apperantly dno't know how to explain this or didn't explain it properly. Basicly what I'm getting from this company is they suspended my account because they say I didn't pay them. Now they had for a payment "option" to be able to pay through Paypal so that's how I paid. Now Paypal sent me their standard Reciept confermation and all that saying the amount was paid at the time but now about two days later paypal tells me that the game company refunded the money. Now I didn't ask fo a refund or anything like that so I went to the game site and I get this nice little message...

Your account will be suspended until payment has been received for the amount below.

Please be advised that ignoring this payment notice is the same as attempted fraud for the purpose of acquiring goods under false pretenses. Each case of attempted fraud will be prosecuted to the full extent of the law and can carry very high fines and a prison sentence of up to 5 years when convicted.

Your visit to this page will be documented!

We will report each transgression to the appropriate authorities.
In your own interest: Please settle all open amounts and pay special attention to the "Payment description"!

Your DarkOrbit Team

In addition the amount they say I owe now is $20.87 more because of a cancellation fee or something like that

So my question of "Can they do this" is can they refund the money like that and tell me I still owe them and that if I don't pay it is fraud?

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Expert:  Attorney & Mediator replied 1066 days and 5 hours ago.

Thank you for the additional information. I have the following questions to ask.

Did you ever have access to their services before it was suspended?

Did you have enough funds in paypal to pay for services?

Have you asked Pay Pal why there was a refund?

Thanks

Customer replied 1066 days and 5 hours ago.

"Did you ever have access to their services before it was suspended?"
Yes I did. About a day maybe a little more.

"Did you have enough funds in paypal to pay for services?"
I did.

"Have you asked Pay Pal why there was a refund?"
I did because I wanted to make sure that it wasn't a matter of something on my end or Paypal's and they told me that the amount was paid on their end but the game company refunded it the representative I spoke with told me that they did not know the reason.

Accepted Answer

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Expert:  Attorney & Mediator replied 1066 days and 4 hours ago.

Thank you for your reply.

Okay to your question ""Can they do this" is can they refund the money like that and tell me I still owe them and that if I don't pay it is fraud?"

Based on the information you have provided the answer is NO.

First, you did not request the refund and there for there is no evidence of fraud (there must be evidence of intentional wrongdoing on your part in order to get free services). Second, all "e-trail documentation" shows the provider caused the refund and states no reasons why. You did not cause the refund as there is no indication you asked for the refund nor any violation of their terms of service to warrant suspension. So NO they can't do this and they can't label this as fraud.

This is a breach of services on their part for the suspension without cause. Although they did refund your money, they did so on a false claim.

Before you make any payments you may wish to file a complaint with your state's consumer protection agency for further investigation. This can be a mistake on their part or possibly lead to a possible scam which only the state consumer agency would be able to determine.

Most local better business bureaus can also assist so you may wish to contact them as well to see if this can be resolved informally.








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Please Note: JustAnswer.com is a public forum. JustAnswer.com is not a law firm. JustAnswer.com is only a question and answer site. Asking a question does not create an attorney-client relationship nor is your question protected under the attorney-client privilege. An attorney-client relationship is established when you enter into written contract for representation and pay a retainer directly with the attorney or attorney’s firm.

JustAnswer.com uses the term “Expert”. I do not hold myself as an expert when I answer your questions. The information given by me is not legal advice. I am not establishing an attorney-client relationship with you. I am providing only research, resources and information only for you to be informed and educated about your particular needs and my answer is limited to the facts presented. You are only paying me for such information given.

My answer or reply is limited to your facts presented and additional information you post may not come in after my reply or answer has posted, if this has occurred please let me know and I will answer further. Due to site tech reasons, oftentimes I am initially only able to see the first part of your post, so this may result in more interactions between us. There might also be a delay in my reply or answers, as I may be helping other customers, or called away from my office or have logged off. Please be assured your question(s) will be answered promptly.

If I have been helpful, please click Accept for my time and research, this is the only way I get paid. If you need more help or clarification, please click reply. Positive Feedback is greatly appreciated and reciprocated. Feedback should relate to customer service and not about the law, which I have no control over. You can always request me through my profile here or beginning your question with “Attention lawNinvest” Thank you.

Expert TypeLawyer
Category: Consumer Protection Law
Pos. Feedback: 97.9 %
Accepts: 639
Answered: 6/1/2010

Experience: Knowledgeable in the areas of consumer protection.

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