Can speakeasy realy take money right out of my account without due process?

Question

My husband and I moved into a temporary house until we could move into our new home, and transferred our 4 year internet account with Speakeasy to the temporary home. When we decided to drop speakeasy for a cheaper high speed provider, speakeasy said that transferring our account to the temporary home was a 1 year contract, and to break it would mean a 195.00 contract break charge. We signed no contract, nor were informed of the terms of service ~ that there would be a minimum of 1 year We requested the written contract, and made multiple calls to speakeasy, but were given NO response whatsoever. Yesterday Speakeasy used our auto pay bank card numbers and charged the fee to our account with NO warning, and again, NO response to our calls. Can they do this? Is it legal for them to use our bank account for other fees beyond services provided? Do we not deserve due process BEFORE they can take this money?

Answer 1

If this was done through your Debit card (I think that maybe it was?), I would call the customer service number on the back of the card and talk to them about your options. I know that a bank card has a lot less protection than a credit card, but they still might be able to help you get some of the money back.

Answer 2

I suspect that somewhere on the online documentation, there was a moment when you were asked to check a box that said you had read and understood the terms and conditions. Most people just check that box and never bother to read the terms and conditions. In those, the company probably lays out the term of the agreement, and that you give them the right to collect.

Go back online and find the terms and conditions - copy them out, and then go and see a lawyer to see how you can break the terms. You also need to notify the card company that this company is not to be honored when presenting any further requests, and notify them that the amount is in dispute. They won't return it, but it will let them know that an action is in the works.

Answer 3

With the disclaimer that this is not legal advice or representation--

Hidden on the Speakeasy web page, and probably in a checkbox you clicked at some point is the language that states there is an early termination fee. The most recent one off of their current web page detailing their current early termination fee:
http://www.speakeasy.net/tos/#disconfee

And their information on how they bill:
http://www.speakeasy.net/tos/#invoice

You likely "signed" (checked a box or clicked that you agreed) something stating that you read the terms and conditions and agreed to them.

Whether the contract is enforceable is open to debate, and would depend on the reasonableness of the terms, how well they were disclosed, etc. A real question is whether it is cost-effective to challenge.

Answer 4

If you truly at no time agreed to a one year contract then no. They not only have to show that you were made aware of the terms of service but also show where you agreed to them. Change your bank account and if it means that much to you sue them for the money in small claims court.