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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 116816
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I purchased a $1500 software to run my salon operations. It

Customer Question

Hello. I purchased a $1500 software to run my salon operations. It was an investment where it was to be a one time buy and I did't have to upgrade and had no additional charges for task such as sending out text reminders via email and SMS text where we had to ask the client for their phone carrier and send text like email form using client phone number. The first year and the half went by well. Our system sent out free appointment reminders by email and SMS text.
About 2 years in our system became very buggy. It kept crashing, freezing up, slowed down where our receptionist had to reboot the computer often. Over a period of a year this went on. We called in tech support to just have to tell us the problem was on our side. Months later our computer crashed to the point we lost all data but was lucky enough to have a back up.
After speaking with the salon software tech support they convince we should purchase the new version of their software that would a sure us to have no problems. It was something we didn't want to do because we had to pay $800 to do so when our one time investment of $1500 was enough. They say everything would be the same. So we bought the new version to only fine out they had all the hidden charges and fees that wasn't mention. These fees were fees that didn't exist with the older version.
The new fees was 10 cents per text message, and $5 for every 1000 emails sent out. Now each month we have a bill around $116 each month. We are very unhappy to pay such a bill when our previously software had no charges that accomplish the same task as the new version. I feel like this was some type of illegal fishing tactic that should be dealt with. Do I have a case.
Submitted: 11 months ago.
Category: Legal
Expert:  Law Educator, Esq. replied 11 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
It is possible that you have a claim for breach of contract with them, since your first package was a one time only fee and the first software became defective. The issue is in signing for the new software, you need to read your contract to determine whether or not these additional charges are in that contract. If the additional charges are in the new contract you are bound to them and would have to sue for breach of warranty on the first software and not breach of contract on the second contract. But either way, you do likely have a claim against them for the deceptive practice and breach of contract.
Customer: replied 11 months ago.
There is no contract on the purchases. I do have the original software package and all. After speaking with them over the phone they charged my credit card and sent the invoice. No product description or anything was exchanged. From the beginning they tried to sell me the software via a monthly subscriptions that I didn't allow because I know the cost versus the amount of years doing business. I wasn't told about the addition fees as well. They lead me into believing that everything pretty much remain the same. Should I try to ask them to go back to the older version? This will cost us major problems if even they do allow it.
Expert:  Law Educator, Esq. replied 11 months ago.
Thank you for your reply.
Without a contract, you could sue them for the defective first software and without a contract specifying the new charges you could sue them for those charges you did not agree to pay.