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#1771844 - 01/03/13 01:42 PM Who's on the hook for direct TV?
LynnH Offline
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LynnH
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Posts: 129
NH
We have a customer who allowed Direct TV to charge her account $19.95 for her mothers new Direct TV service . Our customer (her daughter) told Direct TV this was a onetime charge to set up her mothers service. Her mother cancelled Direct TV soon after and the daughters card was charged a cancellation fee of $401. Mom did not have the funds to reimburse daughter. A claim was filed for I authorized $19.95 not $401. Direct TV was contacted and customer service told the daughter to file thru her bank for a refund. Direct TV represented. The documents we received back from Direct TV (their contract) are all in the name of her mother. Is our customer responsible for the cancellation charges?

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#1772208 - 01/03/13 08:06 PM Re: Who's on the hook for direct TV? LynnH
BrianC Offline
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BrianC
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Illinois
If you look carefully at the DirecTV contract, you will find the following clause:

(e) Payment Upon Cancellation. You acknowledge that you have provided your credit or debit card account information to us. You understand that you will incur fees and charges as a result of your receipt and use of Service and/or Receiving Equipment, and may incur early cancellation fees and/or equipment non-return fees (as specified in any lease, programming or other service commitment agreement you entered into in connection with obtaining Receiving Equipment). By giving us your credit or debit card account information at any time, you authorize us to apply this method of payment, in accordance with applicable law, to satisfy any and all amounts due upon cancellation. You further acknowledge that you are required to maintain current credit or debit card information with us and agree to notify us whenever there is a change in such information, such as a change in the card number or the expiration date.

If daughter did not want to agree to these terms, then mom should have used her own card to activate the service. The daughter provided the authorization to use the card when the service contract began. If mom did not change the card number to her own after the initial activation, then the authorization remained in force. Deny the claim and let mom and daughter fight it out of the $401.
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#1772256 - 01/03/13 09:06 PM Re: Who's on the hook for direct TV? LynnH
Bobby Boucher Offline
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Brian, we are usually able to resolve these disputes by pointing out the clause you included above. But have you ever gotten push back from the cardholder that since they were not a party to the contract (between DTV and friend/family member) they should not be bound by the authorization for future payments? From the cardholder's perspective, how would they know they were potentially authorizing more than the single transaction they intended to? Just curious how you'd handle.
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#1772268 - 01/03/13 09:23 PM Re: Who's on the hook for direct TV? LynnH
rlcarey Online
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rlcarey
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Galveston, TX
They indicated they authorized the origina transaction: "We have a customer who allowed Direct TV to charge her account $19.95 for her mothers new Direct TV service ."

If she didn't realize that this authorization included a contract, well stupid her.

I would just indicate that by authorizing her mother to use the card, the contract her mother agreed to authorized the cancellation fee to the same card. Thus, her agreement with her mother extended that agreement to these future charges. Buyer beware as always.
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#1772362 - 01/04/13 01:21 AM Re: Who's on the hook for direct TV? LynnH
BrianC Offline
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BrianC
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Illinois
Yes, Bobby. I have gotten push back. I've done exactly what Randy suggests. Sometimes the customer closes their account, sometimes they don't.
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#1772369 - 01/04/13 12:54 PM Re: Who's on the hook for direct TV? LynnH
LynnH Offline
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LynnH
Joined: Dec 2002
Posts: 129
NH
Thanks everyone!

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#1772624 - 01/04/13 06:45 PM Re: Who's on the hook for direct TV? LynnH
Bobby Boucher Offline
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Thanks Randy and Brian.
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#1774986 - 01/10/13 08:31 PM Re: Who's on the hook for direct TV? LynnH
Andy_Z Offline
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You know it's a common claim when Brian has the contract terms ready for cut and paste.
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#1775108 - 01/11/13 03:04 AM Re: Who's on the hook for direct TV? LynnH
BrianC Offline
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BrianC
Joined: Nov 2004
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Illinois
Andy Z called it! Every debit card related webinar I have offered has had this question asked.
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