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birds16 · Jan 3, 2011, 06:46 PM

I am a new attorney and representing a client who signed a contract over 5 years ago for an internet service. The contract was renewable at the end of the year if my client did nothing.

The problem is that my client has not received any services in the last 5 years but has been charged automatically and electronically through his bank debit card (unjust enrichment). In addition, the serious violation is the services that he has been charged for over and over again for the last 61 months do not even exist anymore and have not existed for quite a long time.

In addition to fraud and unjust enrichment what other charges can I relay on the demand letter? Was thinking bank fraud, wire fraud, etc..

Lastly, the amount charged in total was around $2k. What would be a good monetary demand? This is most likely not an isolated incident and could potentially be a class action.

cdad · Jan 3, 2011, 07:01 PM

It sounds like you have done some of your homework already. But were the services available to your client? And what was the cancelation clause in the contract?

Its hard to believe that someone let it go for 5 years.

birds16 · Jan 3, 2011, 07:09 PM

Yes it is hard to believe he did nothing after 5 years however the account which was debited was rarely used. The services were not available to him. The services were actually dial-up internet service which hasn't been around for several years

cdad · Jan 3, 2011, 07:17 PM

Dial up is still around. But if they quit offering it then you have your case from that day forward at a minimum. They would have needed to send a termination letter (discovery) to your client.

As far as damages. At this point unless there were something above and beyond a loss of funds PLUS your fees for straightening this out. There is almost no real damages. If the missing funds caused some kind of default (like bad check etc) then it would be different.

I agree that if you go fishing (discovery) you may find other clients and be enjoined in a class action lawsuit to protect the consumer. Nice feather for your cap when starting.

Fr_Chuck · Jan 3, 2011, 08:00 PM

He needed to cancel that bank card long ago, if he has not already he needs to now so they can not take any further money.

Also just as in credit card issues, if they are not contested after a certain amount of time, he may or may not have legal recourse.

You are talking criminal charges, which of course you as his attorney can not press, you could merely seek the DA to indict and they often will not act upon a large corporation who is not based within your state.

You will of course need to find their registered agent in your state to do legal service on.

You merely need in your first letter, to state that money was taken without any service provided and that those money need to be returned.

This should be sent with proof of payments so that no doubt remains that it was taken out.

Class action law suits are not all they are cracked up to be, and I will be a little blunt, an attorney new, and having to ask basicl questions like this, does not have the ability to run a class action suit. Plus you wll have to have attorneys based or working in junction in every state where people are to file.

Also please read the contract carefully, in most cases, the contract for services on internet and cable companies, are that legal action has to take place in the state of their home office, so if they are based in another state, you will have to sue them in that state,