Charlene

  • 24th Mar, 2018
  • $2,096 Reported Loss

Violation

  • Report #5YCQ6
  • Reporter ROODYMPLAG

I mailed the following letter to magicJack Corporate Office, PO BOX 6785, West Palm Beach, FL 33405 on 2-24-2017. With a cc to: FCC, 445 12th Street, SW, Washington, D.C. 20500, via USPS First Class Mail Return-Receipt with Tracking.

As a magicJack customer of over 4 years, I charge that you, as my Telephone provider regulated by the federal communication commission (FCC) (since October 2016 to present) have discontinued my telephone service unlawfully. You fraudulently claim that I owed a renewal of your services effective as of 10-22-2017.

Records indicate the following annual renewal payments to you which you received: 7-19-2016 transaction date for $43.67; 6-25-2015 transaction date for $37.73; and, 6-26-2014 transaction date for $37.73.

My annual renewal date for my account is 07-22-xxxx, where xxxx is the Year the payment is due and covers services for the following Year’s 12-month telephone service.

To clarify my 7-19-2016 payment to you covers my telephone service through 7-22-2017.

On July 18, 2016, I experienced problems with my magicJack device not operating. I called magicJack and was told by an agent that they had upgraded their devices, and my old device was no longer supported and would not work. They further indicated they would send me a new mJ device to replace my old mJPLUS device and at which time I renewed my annual service renewal in the amount of $43.67 as noted above. I was not told that this was a mJEXPRESS device. The additional 5.94 was for shipping the new device, which was in itself unlawful since magicJack decided to not continue supporting my original magicJack workable device. I did not request or agree to any additional features or services of the mJEXPRESS, and was not advised I would receive any new features and/or related charges accordingly.

In mid-October 2016 I received an email from magicJack indicating my renewal was due 10-22-2017. I called and talked to an agent and was told that was due to an associated fee renewal because of the new mJEXPRESS device, for which I renewed for 1-year effective 7-19-2016.

I advised the agent that I did not consent to any additional renewal associated fee and would not pay an additional fee, and would seek remedy, that it was coercion and unlawful, and I had paid an annual service cost of $43.67 on 7-19-2016 that was effective through 7-22-2017.

I further advised that any user agreement at any website in the USA that does not provide clear and concise disclosure of intent and risks in the American language that is understandable beyond doubt by a Consumer, is void and unlawful.

This is my first attempt of a remedy to you to reactivate my magicJack telephone service immediately. In addition, my future renewal date will become December 22, 2017, crediting me for the months of no magicJack telephone service from you since October 22, 2016 through present.

As noted in the above-subject, I request a written response (email or letter) from you, to be received by me, not later than Friday, March 17, 2017, in order that I may consider other venues for remedy. Notice: Emphasis on FCC Telecommunications Act of 1996, MCL “Judicial Act 236 of 1961” and other FCC, Federal/State/Local laws) as interpreted by Notice.

I received the following email response from magicJack on 3-1-2017:

ConsumerIssuesDeptWed 3/1, 2:55 PM

Ms. Maxwell,

Unfortunately you did not transfer your remaining license time from your magicJack PLUS to your magicJackEXPRESS when you registered the new device as we have explained. That is why your magicJackEXPRESS license deactivated in October 2016, because the free 3 months of service expired.

We have transferred your remaining time from your magicJack PLUS to the magicJackEXPRESS for you already as a courtesy, which reactivated the magicJackEXPRESS. Please physically restart the magicJackEXPRESS for the change to take effect on your end if you have not already done so.

We are unable to honor your additional requests for free license time and monetary compensation.

Sincerely,magicJack Customer Care

My next step is legal filings against magicJack for remedy.

Firstly, I renewed 7-19-2016 with the mJEXPRESS. I do not have 2 magicJack devices, as the old mJPLUS devices does not work because they do not support it and have made changes to their software/hardware which deactivates it.

Secondly, this is the first time I have ever heard of the need for me to request a transfer of my license; this should be an automatic transaction by magicJack , and not an excuse to the Customer after the fact; again, non-disclosure. It is not an accident that no mention of the need for me to do any such license transfer request was mentioned in any of my telephone calls of 7-18-2016 and 10-22-2016.

Those telephone calls advised me that I need to pay another annual fee, with no other remedy to continue my service. This is fraud and coercion. My advice to any consumer with a complaint against any company is to write a letter to the home office of that company, and copy to the appropriate State and Federal agencies, versus repetitive telephone calls or chats that 90% of the time are not effective. In addition. If you do call, you will want to record the conversation and obtain a customer ticket number for future reference.

It would be expected that all our consumer protection government agencies and commissions would investigate and remedy these complaints on our behalf as our representatives, rather than putting in on the backs of We the People."

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