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To: Cvengr
Way out of my area..... UCC and it’s applicability is even further out of my area.

A few thoughts:

1. Get advice from qualified lawyer licensed in your state.

2. Send certified letter to service provider explaining your problems and lack of desire to be charged for these items. I would expect this is not a simple mistake and rather an improper attempt to charge for undesired-unordered services. I would mention in my letter that if it continues I will be contacting my attorney and asking his to file suit for myself and all others so situated. I might also say that if this requires any more of my time, I will bring suit in small claims court for my time spent solving their problem..... and I don’t work cheap.

Small claims scares big companies because of the cost of defending an action there can be thousands. Be prepared for them to argue lack of venue for your action. I’m guessing you signed up for your service in your county, used the service in your county, were billed in your county, they have facilities in your county (owned stores, not just authorized sales agents, plus towers, etc.) they have contracts with the local 911 service in your county, they have employees in your county.

My favorite line on venue (actually used it in Texas)

“Your Honor, this airline operates flights in and out of Potter County. They have offices here in Potter County. They advertise in Potter County newspapers. They employee people in Potter County. They have billboards in Potter County.

The days of a person here in Texas being able to scam some poor victim and get away with it because they had a fast horse and got to the county line before the sheriff were over a long time ago because of fair and equitable courts such as yours.

Delta Air Lines loves to take off and land in Potter County. They love to take money from people in Potter County. They should have to answer in your court, here in Potter County, too."

They settled quickly. :~)

3. I would also call my the consumer affairs reporter at my local TV station and detail the problem to him/her.

4. Again, I am not qualified to advise you on law in this instance.... just how to be the squeaky wheel SOB who gets action!

534 posted on 09/07/2007 12:52:34 PM PDT by MindBender26 (Having my own CAR-15 in Vietnam meant never having to say I was sorry......)
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To: MindBender26

Thanks,...concur on prof services in respective state,..but that does help a bit.

BTW, I like the Texan perspective having been born and raised in the Lone Star State.


536 posted on 09/07/2007 2:26:20 PM PDT by Cvengr (The violence of evil is met with the violence of righteousness, justice, love and grace.)
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