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My mother's ISP is screwing her over.

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My mother is disabled and on a fixed income.

In Nov 2002 She moved out of my sisters house and into a new appartment. signed up for AOL Broadband.

Of course they make a complete mess of the installiton. On Dec 1 she notices that the computer still connecting using my sister's old account info.

She tries to fix the problem by creating a new account, but notices that all the billing options are for dial up rather than AOL Broadband. So she calls, discovers that instead of creating an new account for her they transfered my sisters. It took them three hours to make her the owner of her account and switch her over to the account she just created, so they offer her three months free membership, but she still has to pay the $45.95 monthly charge that appears on her cable bill.

Fast forward three months. She never gets a bill from AOL, but one day they debit $400 from her checking account. She calles and they tell her that on Dec 1st she changed her account from unlimited to their "budget" dial up plan which charges $3.95 for the first minute and 2.50 as hour after than. (Plus the $45.95 one her cable bill for AOL broadband). They also seem to think that she was using a dial up connection. I built her computer and it does not have a modem. Also they insist that their system would have automatically sent her an email notifying her of the change, but she definately received no such email.

At first AOL agree's to drop the hourly charges and only bill her $23 a month for unlimited dial up connection (they insist they can't change it to bring your own isp because off all the dialup connections made with her non existant modem). Then a supervisor decided not to approve the deal.

She talks to several supervisors and they agree that no one paying for AOL broadband would intensionally sign up to pay an additional $2.50 an hour, but they insist that the change could only have been made from her computer. They suggest that either she did it my mistake or it was done my one of her grandchildren who sometimes use her computer. In any case they said that since it was done from her computer she is responsible.

The best they are willing to offer her is to refund $133 of the $400 they charged her. Unfortunately she used her banks visa debit card, I don't know if she can dispute the charge and get her money back that way.

My only condolence is that maybe I now I get by mother talk my mother to stop using AOL :)

I have a degree in Computer Science and another in Philosophy, but when it comes to legal matters I am as ignorant as they come.

So if you have any advice or have had a similar experience please let me know?

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well consumer laws HERE in New Zealand are so good.
that if that happened you would never have the problem of needing to find a lawyer to take them to court, you would just pay $10 and pretty much win instantly on the case.

but as for US law (i presume it is AOL in america rather than AOL in australia) i do not know either.

all i know it that here we have about 1 million laws which makes any false advertising, unfit products, pressure sales, warrenty, and non satifaction disputes pretty much winnable by the consummer and no Lawyers et involved as it is done at a low level in the court system.

but hey i would have thought you would have a case there.

Reply to alltaken

I'm sorry to hear your Mom is having so much trouble with AOL. AOL is in dire straights financially and I wouldn't trust them to do anything that will cost them a dime. I had a free year of AOL and got rid of them as soon as I could. They are the worst ISP on the planet.

I thought the FCC might handle complaints about broadband or ISP's but their site directed me to the FTC (Federal Trade Commission). The <A HREF="http://www.ftc.gov/" target="_new">FTC</A> will handle fraud complaints involving ISP's. Go to their site and explain your Mom's problem. Be sure to include everything you can. Contact dates with AOL, replies etc. Also let them know your Mom is disabled. Be sure to tell them that AOL botched the installation and when your Mom called to have it fixed they switched her plan. It's called slamming and it's illegal.

I've been through a dispute with a cable company and once I got the FTC involved resolution was swift and in my favor. Be persistent. Don't let AOL get away with their underhanded BS. And get to your Mom's bank. Let them know NO ONE is to have access through her bank card unless she authorizes it! File a complaint with them too and find out who to contact, probably your state's banking commission, to get AOL to refund her money.

It also doesn't hurt to e-mail the top brass at AOL and tell them how their workers are abusing customers. Let them know you'll be spreading the word about how AOL took advantage of your Mom.

Good luck and don't give in.

Reply to bob_dn

Because she did not sign for those charges, then that $400 charge can be refunded. All she has to do is call the bank and tell the bank that the $400 was an unauthorized charge and that she would like to make a fraud claim. First, though, she should threaten this to an AOL supervisor, and tell them she knows her rights, and try to get AOL to refund it willingly. If AOL still refuses, tell her to file a fraud complaint with her banking company. If she does that, odds are she will get all of her money back. If she knows someone who is very strong-willed and forthright, she should try to have that person do it for her, as results will more likely happen that way.

-------------------------------------------
<font color=blue> "Trying is the first step towards failure." </font color=blue>

Reply to ksoth

One of the biggest problems is that my mother doesn't know the correct terms for everything and tends to give them irrelevant deatails. They assume that since she doesn't know what she is talking about that she is the one who messed up.

She keeps calling all cable modem connection as road runner, and calls aol broadband AOL Roadrunner.

So I last night I talked to her for a couple hours long distance and couched her on all the right terminology, and exactly what facts where and where not relevant.

Anyway despite the fact that they keep telling her that the matter has been resolved and that there is nothing further they can offer her, she keep calling.

This afternoon she finally convinced a supervisor to ignore the notes the other people have made and actually listen to her.

She finally was able to convice him that she has in fact been paying for AOL Broadband and has the cable bills to prove it.

Apparently despite the fact that she has been paying for AOL Broadband they have no record of her having this service. That is why she is being billed twice, once for unlimited service and once for 2.50 an hour dialup.

The supervisor said he will contact the phone company to verify that she does in fact subscribe to AOL Broadband, and then try to get her a full refund for the hourly charges.

However because they are unable to change their records to show that the previous connection where not made via dialup, they said they have to charge her $23 for unlimited dialup rather than the lower non-dialup rate.

Of course they told her once before she would get a refund only to have another supervisor overrule the decision.

Reply to Strife

Sorry to hear what has happened, especially to someone under those conditions. I hate AOL, hope u get this fixed.

Hilbert space is a big place.

Reply to Flamethrower205

Listen, if you want to let AOL cheat your mother so be it. You cannot rely on AOL to rectify this situation. Call her bank. File a complaint. Call the Federal Trade Commission or go to their web site. File a complaint.

Let AOL know you're going to do it. Let your Mom's bank and the FTC know you have tried in good faith to resolve this problem with AOL. Let them know AOL is at fault. When your Mom gets her money back get AOL out of her home. There are many other providers out there. You can find another broadband provider <A HREF="http://www.dslreports.com/" target="_new">here</A>.

Good luck. Stop letting AOL get away with this BS.

Reply to bob_dn

Look, I'm gonna blame you for half of this since you should have helped your mother out from the get go. What in the world was she doing using AOL? You say your mother is disabled and on a fixed income yet she's using the most expensive and stupid broadband around. You can get DSL for $35-$50 a month through your phone company.

Why are you not calling AOL? Why is your disabled mother doing it? Call them yourself and let them know that they are taking advantage of a disabled woman without a modem and that if they don't rectify the situation you will file a fraud claim as well as a lawsuit in small claims court (which only costs $30 or so and can claim up to $5000). If you built the computer then you have reciepts for the hardware and if a modem is not on that invoice, plus the phone company agrees with your story, you should have an easy case.

File a fraud charge with the bank if that is possible. If she doesn't have a modem then she can't possibly have a dialup connection so this is fraud in every sense of the word. I however have my doubts about you getting any money back. From what I have always understood, you have no recourse if someone takes money out of your debit account. If she however used a credit/debit card, and supplied AOL with a credit card number that was then debited from your account, which is probably what you mean, I think the bank will take responsability only up to a certain dollar amount. Maybe a couple hundred bucks. Hopefully $400.

You've essentially been pick pocketed. There's only so much you can do and I would act fast.

<font color=red>
<A HREF="http://kevan.org/brain.cgi?dhlucke" target="_new">The French are being described as cheese-eating surrender monkeys.</A></font color=red>

Reply to dhlucke

Yea file fraud, counter claim and ask for the connection logs at there end. Im assuming it will give a connection location and if thas the case, im sure that will be a whole lot different from a dial up location.

And also remember.. you sorta deserve it.. AOL.. tsk tsk..

shame upon thee.. how dare u taint THGC with such a word.

If A equals success, then the formula is: A=X+Y+Z. X is work. Y is play. Z is keep your mouth shut.

Reply to Neckrodeemus

To answer your questions.
1) I can't call for my mother. I live in a different city. AOL won't discuss her account without first putting her on the phone as the account owner. The best I can do is talk to her long distance and try to help her out as best I can.

2) I personally dislike AOL's approach toward internet service and have argued against her going with AOL from the begining. I even managed to talk her into switching from AOL to road runner once. Unfortunately after trying both she still perfers AOL. She learned how to use the internet with AOL and she does not want to switch.

The problem is that my mother started with AOL and she really isn't willing to learn any other way of doing things.

My mother thinks I am a genius, is proud of me for obtaining a BS in Computer Science and she loves the wonderful computer I built for her, but she still has a mind of her own.

I can't get to stop chain smoking, I can't get to go on a diet and I can't get her to drop AOL.

3) My mother disability is physical in nature not mental. The rest of my family lives close by and visits her on a weekly and often daily basis, but she it is very seldom that she leaves her appartment. I encourage her to find outside interest and friends, but until that happens it makes sense for her to chose to spend her money on digital cable and high speed internet access. Really the internet is her only connection to the world outside her family.

4) The money was taken directly out of her checking using a visa debit card. I advised her to contact the bank, but now that someone actually listened to her she wants to see if she can settle this first.

My mother is legally (though not technically) competent. I can't call her AOL and cancel her account, I can't call the cable company and switch her to road runner, I can't call her bank and tell them that the transaction is not authorized.

Trust me I suggested that she do these things. Hell, on a few occasions I was disrespectfull enough to TELL her to do these things. It wasn't quite an order, but it was stronger that a polite suggestion. But she is hopefull that if she keeps calling them eventually they will do something approximating the right thing.

In fact while writing this I just gave her a quick call and convinced her that if AOL hasn't refunded her money by tomorrow morning that she call the bank, tell them she did not authorize AOL to bill her that amount and see what they can do.

I told her that there is probably a time limit on how long she has to report the transaction as unauthorized and that time is running out.

In any case I have convinced her that once this is resolved to switch her cable modem to Road Runner and switch to AOLs $14.95 "bring your own access" plan.

The next step will be to start teaching her to access the internet and send email without using AOL's software.

Then maybe I can convice her that its the same internet no matter how you connect and that once you have time to the different applications one set is as easy as another.

Reply to Strife

Yes... getting people away from aol is allways a worthy and noble task.

<b>"If spam wasn't totally bogus, Hotmail users would be well-endowed, slim people with hair who make big money working at home and having great sex provoked by free porn and herbal Viagra.</b>

Reply to lhgpoobaa

I understand your dilemma. Why not write letters youself to the bank, AOL and the FTC then e-mail or snail mail them to your mother for her signature. At least there will be a record of her complaint before any deadlines are passed. You should also check out the <A HREF="http://www.ftc.gov/" target="_new">FTC site</A> and see if you can file a complaint for your Mom.

Reply to bob_dn

I really wish I had more to tell you. Let us know how this works out. I think many of us started with AOL back in the day, and I think you're right to at the very least do the "bring your own service" plan.

I hate AOL with a passion. I used them from day one and watched them deteriorate to the point that their company was unable to offer a decent service. They've obviously gotten worse.



<font color=red>
<A HREF="http://kevan.org/brain.cgi?dhlucke" target="_new">The French are being described as cheese-eating surrender monkeys.</A></font color=red>

Reply to dhlucke
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