California law requires businesses to let you cancel your subscription online
niemanlab.org
niemanlab.org
Works every time.
But sadly there have been more times than I can count where I told them I have a speech impairment, it’s difficult for me to say certain things in the way they need me to right now, and I’d prefer to send them an email (even offer to send them an email for them to open while we are still talking)... And they said no they cannot do that for one reason or another.
I'm currently 3 for 3 but I guess you have a lot more attempts than I do.
Often hitting # repeatedly did the trick. But lot always.
I learned the other day that the CA Franchise Tax Board has a live chat via GetHuman [0] which saved an insane amount of time on hold. I was originally just trying to find alternate dial in numbers to actually talk to a person, not a robot.
[0] https://gethuman.com/phone-number/California-Franchise-Tax-B...
I don't remember which ones, but I've found several companies whose automated systems hang up on you after giving you a certain number of 'tries' to enter a menu option.
Have you tried using the NATO alphabet? I don't know if that would be easier or more difficult for you to say, but it's worth a shot, since it'd be less ambiguous over the phone: https://en.wikipedia.org/wiki/NATO_phonetic_alphabet
It seems a bit more tedious, but the slower pace with reduced ambiguity means you almost never have to repeat yourself.
Worth giving it a shot, speech impairment or not.
"Matt, spelled Mike-Alpha-Tango-Tango"
And get the response:
"Ok Mike, now I need..."
There is a joke version of the alphabet that messes with all those rules. http://i.imgur.com/3CbAxSp.jpg
We ribbed him pretty good for that. I even created my own Completely Useless Alphabet from that incident:
A as in Aerie
B as in Barry
C as in Carrie
D as in Dairy
etc.
One thing though, when speaking to a robot, they’re not usually programmed for that. They want exact letters and numbers that their speech-to-text engine can convert. Eventually the robot takes me to a human after it fails enough times but there’s usually a queue, which isn’t always great because the wait times can be very long.
People without an ADA issue should send their cancellation notice to the registered corporate agent, return receipt, which sets the date of cancellation and gets their (expensive) lawyer involved. Threaten to sue them under your deceptive trade practices statutes if they continue to bill your account. Lawyers shed these kind of nuisance things quickly and cut through the bureaucracy. Your file will be stamped "service terminated" posthaste. There is no better way to communicate your desire to terminate service than to notify their registered agent in writing.
I don’t live in the US, so no idea which department handles that.
1. https://en.wikipedia.org/wiki/Registered_agent#Registered_ag...
I’ve once signed up for a service and I didn’t know beforehand that their “delete account” button would take me to a page telling me that in order to shut it off I had to email them at least three business days in advance. I don’t have a general issue with having to inform people to shut things off the old fashioned way like via telephone or email.. but that’s for when I had to communicate over phone or email in order to begin the agreement. Such as with a consultant or contractor.. Not when they made signing up a quick and simple online process and then want to make it difficult to shut off so they can squeeze an extra payment out of you.
So I resorted to CC-ing a fake legal@ email address in the cancellation email, thinking maybe they would think I’ve CC-ed one of my lawyers (I didn’t have a personal lawyer, but they didn’t know that). They took care of it immediately.
This is a utility-maximizing lie. You're saving both yourself and the other person time. Unless you subscribe to some belief-system that holds truth-telling to be some sort of moral good in and of itself, everyone is better off.
And that's aside from the fact that the patter you'll hear trying to keep you paying is going to be full of, at the very least, deceptive statements lacking any objective truth or falsity.
I was reading a Matt Levine column in which he described some litigation over selling bonds that was very analogous to the car dealer situation. And apparently what happened is that it was decided that lying about the price paid was ok per se, but creating falsified documentation to back it up was fraud. Which seems weird!
If you saw that a soda machine always dispensed a Coke when you pressed the Dr. Pepper button would you feel bad pressing that button to get the Coke you wanted?
There are times when it's moral to lie, other times when it's immoral to lie, and still other times when morality hardly has anything to do with it at all (such as the above scenario.) We tell small children that it's immoral to lie because we don't trust their moral judgement and would prefer they always tell us the truth.
Is it ever morally acceptable to tell a lie? Kant thought not. His example of the would-be murderer explains his reasoning. Read by Harry Shearer. Scripted by Nigel Warburton.
Should you kill a person to save two? Kill two to save one? Does matter who the people involved are? Anti-Kantian philosophies don't have good consistent answers to this -- at least they don't live according to their philosophical answers.
None of this should suggest I think it's obviously wrong to lie to a stranger about whether you're deaf in order to avoid a conversation - that might be permissible according to generally accepted social rules. My point is more that when you start talking about deciding for yourself when to obey moral rules, you are on shaky ground, no matter how wise or logical you are.
While I agree with your first two sentences and think that they are well said, the third doesn't demonstrate the first; it demonstrates only that "hurting people can be done without lying", not "lying can be done without hurting people."
It’s like the squares/grid stuff used by car salespeople to get you to get a car loan instead of buying the car with cash.
You can take that as "not at all guilty".
If your goal is to just end your contract (as permitted), I should not have to jump through any more hoops than telling them we're done.
https://usa.visa.com/dam/VCOM/download/about-visa/15-April-2...
Section: 5.9.8.2
Verizon/Comcast's handling of recurring cancellations is directly tied to Visa's cost of doing business with them.
Also chargebacks penalize the merchants both in fines/fees but if they rack of enough, they'll pay higher processing fees.
Lucky you.
Banks seem to occupy a weird space in the minds of consumers. You can open as many accounts as you want at as many banks as you want. If you're paying fees, switch to a bank that doesn't have those fees. If you can't get somebody on the phone, switch to a bank that staffs its call centers. If their website sucks, switch to a bank with a good website.
Try a few out. See what you like. It's just like any other consumer product.
I thought maybe I had the wrong phone number for cancellation. Turns out, when you google "cancel Equifax phone number", there are several phone numbers listed by Equifax itself, on various sections of its "help" pages.
Took me about half an hour to finally reach a human operator. Surprisingly, the cancellation process was quick with her with no haggling. But I imagine the process is so frustrating overall that a good number of people just give up.
My brain tried really hard to read "IVR gauntlets" as a description of wearables, like AR goggles, before I realised what you meant.
You are missing the "as". Please listen closely, as our menu options have changed. I know it by heart and can hear the same voice over and over again in my head. Crap!
Every. Single. Day.
I would like to give executives the option to stop this or go to prison for this never ending nonsense. I think most would choose to stop.
There are laws around this in other areas, it's not unprecedented.
And in emails they put in "We're experiencing a higher-than-usual volume of support requests and we encourage you to look at the FAQ instead".
Every. Damn. Time.
To be fair, you wouldn't believe the number of people that will send a request to support before looking at the FAQ when the item (and resolution) is in the FAQ.
I honestly believe almost nobody reads FAQs, and the presence of an item in an FAQ is a symptom of a UX failure somewhere down the line.
Every single flight, the boarding announcements start with something along the lines of "this plane is going to be more full than usual, so we're going to need to check some of your carry-ons".
Well guess what, United? Maybe if you didn't cram passengers into the fuselage like sardines in a goddamn tin can, you'd have enough room for everyone's carry-on luggage in the bins.
I would agree, but they charge for checked bags.
The insurance agent reported me to DMV (the relationship had soured pretty badly before this all happened) for not having insurance. It was a 2 minute call to my new insurance agent to let them to know to send proof of coverage to DMV. Problem solved in ~10 minutes of my time instead of 2 hours.
This wasn't necessarily a malicious act on their part, most likely regulatory, and you probably didn't have to do anything to rectify the situation.
I don't know what state you live in but when I was working for an insurance broker (~2004) CA, TX, PA, FL, and GA all received at least monthly if not nightly uploads of vehicle coverage.
I also know that GA shares that info and DMV records with FL and NC.
This seems extremely valuable for managing subscriptions, tracking your funds, and of course, some modicum of privacy where your original credit card is only shared with one party.
edit: Seems like privacy.com is a direct-to-bank connection instead of depending on a credit card for funding.
I suspect that Privacy.com uses gift cards as proxies, and some merchants reject payments made with gift cards. If so, this could be why I experienced the above.
If someone knows better than I do, please correct me. Genuinely curious how the service works under the hood.
It also allows instant wire transfers between accounts in different banks using a phone number, and to withdraw cash at virtually any national ATM.
I've long deprecated phone calls as a method for businesses to reach me. I don't know why businesses don't get it already.
I got my way after about 7 e-mails with Comcast. Still saved time at ~1 minute per e-mail.
Can Google Assistant please stop working on the haircut reservation systems and make "automatically fight with customer service departments" the priority feature?
I don't understand — how does stopping payments verify your identity?
Honestly, it always seemed to me that it was actually easier to cancel than the sign up.
Of course with Netflix, I've never thought that.
And then there are services where people sign up but only a very small percentage would voluntarily come back no matter how good or bad your service is because they sign up out of impulse. Gyms are good examples for those — people sign up because they want to lose weight/stay fitter, etc but only a small percentage actually goes there after the first few times. This of course sucks for the regular customers who want to pause their membership because they are too busy for a few months or move, etc (but on the other hand, those no-goes also subsidies the regular goers because the gym can offer a lower price for everyone).
For those companies, we need laws that make it equally as easy to cancel as to sign up.
Yeah, I'd wanted to pause my gym membership for 3 months a couple years back because I was going to be traveling a lot, and wasn't going to be in town. Only option was to cancel, then pay a new "processing fee" to start again months later. Really pissed me off. I'd been a member for 2 years at that point, using regularly. no exceptions to their policy. i left. i did go back a couple years later, when they had a 'sign up and we waive the processing fee!' promotion (closest/best combination of pool/gym - everything else is miles further). They'd have had my monthly money for another couple years with minimal use by me during that time, save for a stupid policy that "we can't change". ugh...
I know Symantec is unpopular here on HN, because of the certificate authority fiasco and a (quite reasonable) distrust of antivirus software, but really kudos to them for handling the cancellation so well.
I think your bar is far far too low.
People who cancel frequently come back, unless you make canceling hard and you burn the relationship.
But you're not exactly right.. you can record phone conversations in the US provided you let them know before you push the 'record' button.
"Dave Maass of the Electronic Frontier Foundation (EFF) argues that what Davis did is likely illegal. 'Just because Comcast told the customer that the call was being recorded, that doesn’t mean it’s legal for him to record the call without notification,' Maass tells the Daily Dot. 'To stay on the right side of the law, everyone has to let everyone else know if they’re recording a conversation.'"
Source- https://www.dailydot.com/layer8/comcast-customer-service-rec...
Certain keywords like "lawsuit" can break the strictly regimented conversation tree too.
Remember that any company that doesn't empower the phone support people to help you probably didn't empower them enough to go off-script.
If you had just been polite to me on the phone, I probably could have fixed your issue in 15 minutes.
> 1. Interception, oral communications prohibited. Except as otherwise specifically provided in this section any person who? willfully commits an interception, attempts to commit an interception, or procures any other person to commit an interception or to attempt to commit an interception of any wire or oral communication shall be fined not more than ten thousand dollars, or imprisoned in the state prison for not more than five years, or imprisoned in a jail or house of correction for not more than two and one half years, or both so fined and given one such imprisonment.
and defines interception as
> 4. The term 'interception' means to secretly hear, secretly record, or aid another to secretly hear or secretly record the contents of any wire or oral communication through the use of any intercepting device by any person other than a person given prior authority by all parties to such communication;...
https://malegislature.gov/Laws/GeneralLaws/PartIV/TitleI/Cha...
https://en.wikipedia.org/wiki/Telephone_recording_laws#Unite...
Plus it's guaranteed to get the charge removed immediately, and you'll be hurting the company by adding to their charge-back tally, increasing payment processing costs for them and potentially completely cutting them off.
PayPal does this.
I didn't realize PayPal could dip into my checking account any time they wanted to. I thought it required my manual action. No more PayPal for me.
This is a standard procedure for many merchants these days: Offer an attractive initial price, then add fine print that states your account will autorenew at "then current" rates, and you have to make a phone call (where you have to hold for 20 to 30 minutes for the next available representative) if you want to cancel.
I am glad California is taking action. They still have a for-the-people government in California.
EBay did this to me once, I think this is an American thing, doesn't happen here in Canada like that.
If someone has your bank account number they can withdraw money from it. For example the errands bank account authentication mechanism is to withdraw some money from your account, and then ask you how much they took. I honestly could not believe it.
It gets better: if you have someone’s bank account number you still cannot transfer money to them. It would literally be easier to tell your bank (say etrade or whatever) that it was your bank account.
That’s why all these absurd abank payment systems exist in America. The act of just giving someone money is incredibly hard.
> bank account authentication mechanism is to withdraw some money from your account, and then ask you how much they took
In my experience, it is usually the reverse - they put a small sum there, and then withdraw it back after auth. But the end result is the same, of course (except if you have less than $1 on your account).
> if you have someone’s bank account number you still cannot transfer money to them
That's indeed weird, because I see no technical reason (at least with my knowledge about ACH - btw HN had recently a couple of nice articles about it) why that would not be possible, but my bank only allows me to transfer money to my accounts. No idea why. Maybe some legal stuff?
OTOH there are apps like venmo which make it easier.
In the US you give them /your/ bank account, and /they/ initiate the withdrawal. Anyone with your account details can pay for something from your account, including to a service they can withdraw from.
Better yet fraud insurance covers credit cards, not debit or “cheque”. Specifically: if someone uses your bank a/c# you are responsible for recovering the money.
Looks like you've missed the "or have an agreement with a bank".
> if someone uses your bank a/c# you are responsible for recovering the money.
I do not think this is true. Of course credit card fraud liability policy only covers the credit card, but there are rules about bank transfers. My reading of https://www.law.cornell.edu/ucc/4A/part_2 is that the customer is liable for the payment only if it is authorized and passes "commercially reasonable" security procedure. If somebody just gets you bank account number, it's clearly not an authorized payment (unless they make it look authorized, i.e. by stealing your identity or passwords, etc.) and you will not be liable for it.
That is crazy! I remember Paypal doing the opposite in the UK, they made 2 or 3 tiny deposits and asked how much they were.
I followed eBay's "Buyer protection" to the letter...and guess what? I wasn't covered...even after escalating -- and saying, "They have my money and I still don't have my product, I'm trying to understand which part of 'Buyer Protection' I am missing here."
I called my credit card company, explained what was going on, and had my money back in 3 minutes.
Chargebacks are great, whenever they are used effectively...and ebay/paypal is the devil.
The account numbers aren't even secret, they're written on the bottom of every check!
I use examples from a bad embezzlement in my pitch deck. Checks are a joke.
The only way this happens is you create a "billing agreement" when you first signup. Its a feature of Paypal that then lets sites bill more stuff to you without much in terms of prompting. Its useful because services like Steam use it to avoid prompting users over and over again to login but other sites use it....because they can. Problem is its not very obvious to perhaps the majority of users they are creating a billing agreement.
You can terminate these agreements any time in the paypal site. But you have to do it yourself as otherwise it'll just sit there indefinitely.
I am not a lawyer, but this is what happened to me.
Not only that, but the business will get an additional chargeback fee before losing the chargeback.
I honestly wonder what legal theory my bank or financial service is using to justify transferring my money or incurring debt under my name to pay someone I explicitly tell them not to simply because a guy at a call center making a snap judgement believes there is a valid contract and that the other party has honored it.
But perhaps rather than suggesting that everything in a contract is always valid, maybe you are referring to DIRECTV, Inc. v. Imburgia. And somehow that decision can be stretched to cover this case. Even so, it is clear that the call center is not acing as remotely as an arbitration court in any definition of the term because arbitration courts do have to meet some minimal legal set criterion.
So I have a counter theory: the legal theory they're using is they can do whatever they want because the consumer could never afford the legal fees to challenge them on it. And pooling resources by class action is explicitly prohibited by the above decision. So I contend no, it's not legal but it is conveniently un-enforceable now.
For example:
https://www.calbar.ca.gov/Portals/0/documents/mfa/Guidelines...
I didn't suggest anything like that. Rather, things in contracts are valid by default.
This isn't even a matter of onerous arbitration clauses (for disputes between the business and the consumer) being burried in fine print that no one reads. (Those have been regulated in some jurisdictions, but are mostly legal.) For credit cards, the arbitration is between the consumer and a 3rd party to the consumer's contract (the merchant), and literally is part of the value provided. People would use credit cards less if the service was discontinued.
And If you are cancelling multiple subscriptions per month with regularity, then you may want to reflect and consider if you actually are committing fraud.
Why are you looking to cancel your phone plan?
Leaving the country.
They know they can't win me over and so they don't even try.
Though nowadays, in the era of pervasive financing and Wall Street investors that care more about revenue than cash flow, I wonder if that would even work. Maybe "I'm being investigated by the Feds and all of my financial relationships are considered suspect, and so would prefer to have as few of them as possible"?
I've had people still try to sign me up when I've said this. I had just moved country, had no job, and was literally living off my credit card. I ended up getting stopped by some people on the street trying to sign me up for some charity, because I'm too nice to tell them to fuck off.
Even after I explained that I literally arrived in the country a week ago, and that I literally have no money, they were still trying to get me to sign up for a recurring donation. Sure, I understand that they get commission, so they want to make a sale. But not only is it extremely unethical to try and get unemployed people to sign up, it's also trying to extract blood from a stone.
I've tried telling the truth, I've tried assertively stating I'm not interested, I've tried so many things...
...at this point, when I pick up a call, I wait for the other side to introduce themselves, and if they call with an unsolicited offer, I just hang up without saying anything. Am I a bad person?
I told the agent that same thing, and he said "Is that really what she wants, or is that just what you want?"
I kept things polite, but he really had me boiling by the end of the call, which took way too much time.
It's my favorite answer, because it normally creates enough awkwardness on the call to make the other party want it over as quickly as possible.
And getting them on your side is always step 1.
Bonus points if they ask "I hope it's nothing we did" and you respond with an extra long pause and "I think it's best for everyone involved if we get this cancelled as quickly as possible."
"Please cancel my service"
"We'd like to retain your business is there anything we can do?"
"Is my service cancelled yet?"
"Why are you cancelling your service?"
"My service is still working, can you cancel it? Is this the cancellation department? Who will be cancelling my service?"
Just pretend like I didn't hear anything they said or asked and keep asking variations of that in an increasingly childlike wondrous tone. Sometimes you can hear the person on the other end getting audibly frustrated until they give in and cancel it just to get you off the phone-and when they finally go "Your service will be cancelled on this date, is there anything else I Can help you with?"
"NOPE THANKS!" and hang up.
Never fails to make me giggle madly. Is it patronizing? Sure. Do I care? No not really-I've asked nicely that I want my service cancelled. That really ought to be the start and end of it. Meeting retention rates is their problem, not mine.
Same thing with upselling at retail establishments. No I'm not a rewards member. No thanks I don't want to sign up. Yep I'm sure. Oh I'm quite aware that I can save 10% over $2500 spent. Hey can I just buy this pair of headphones and gtfo?
Do you also maliciously fill out surveys with less than "excellent" ratings even after you are told that constitutes failure according to corporate management?
I understand the attitude of refusing to play the game, but that doesn't justify making things worse for other victims.
I've started doing this, although I wouldn't characterize it as malicious. I bought a car last fall and that started a ridiculous number of surveys coming my way. I contacted the dealership, the manufacturer, and the survey company asking for the surveys to stop. The dealer and manufacturer both responded saying they would take car of it. The survey company never responded.
The surveys keep coming so I fill them out randomly and return them. It isn't malicious because I'm genuinely dissatisfied with them because they can't stop the surveys.
It's not my job to go out of my way to help these folks meet their retention KPI. Categorically, full-stop and quite literally, that is not my responsibility. I'm a customer who used to pay money for a service, not a call-taker responsible for meeting certain metrics. I don't work for the cable company. I'm not their employee. I'm their customer.
If I don't want to be a member anymore, and I state as such, and repeatedly state as such when said company makes it as difficult as possible to cancel my membership-then I've satisfied my end of that particular transaction. I've stated my business request, I'm asking them in various manners to please honor that request. Where is the malice? If you want to point out that it's probably immature, then I'll probably agree with you. Comparing it to deliberately trying to tank a call-taker though by giving a deceitful and dishonest review I think is an incredible exercise in reaching.
So can you explain this for me? How are you drawing a parallel from me repeating my request to have my service cancelled with maliciously filling out customer response surveys in such a way that deliberately gives the call-taker a negative score?
Because I have explosive diarrhea...
I made the mistake of joining a Goodlife gym in Canada many moons ago...
The place was disgusting. Always crowded. Mould growing in the bathrooms. Stunk very badly, etc...
So I stopped going regularly... and one day I was in the area I decided to stop in and cancel my membership.
"Oh sorry, you'll need to make an appointment with management in order to cancel."
"OK, is a manager in right now?"
"Yes, the manager is in but I was told not to disturb her right now."
"OK, well can you tell her a customer is waiting paitiently to cancel his account?"
"No, sorry, I am not allowed to disturb her. You're going to need to make an appointment and come back."
So I did that...
And about 3 weeks later I went in at the agreed upon time to cancel my subscription and I was just sitting... waiting... for over 1 hour...
Right beside a poor old lady that was trying to cancel her subscription as well!!!
She was overly polite and was dealing with this overagressive meathead trying to keep her locked into the service...
"I hate coming here... I never come... I never should have signed up... I just want to cancel..."
"But do you have any friends that might want to take on your subscription? It's at a discounted rate and you might be able to help them out by transferring it over to them."
"No, I do know know anyone who wants to come here."
"Ok, let me go talk to my manager about this."
And he left for like 20 minutes and came back and gave her the gears again.
When my turn came... I just said "I'm moving to england and I don't know a single person here who might want to absorb my contract".
It was a total lie... but it was the only answer that would get me out of there in under 10 minutes.
Companies abusing politeness really are terrible to society.
My name is MEGACORP. I am a member of the polite society that contains us both. A polite person follows the rules with a smile. The rules say that I get to eat you.
I actually came here to say the same thing. I realized “I’m moving” was the best way to get results in these situations when I was actually moving out of the country for a bit. It’s like a magical incantation that immediately gets them to stop trying to upsell or retain you, no questions asked.
Just tell them you're moving to another continent then... or Antarctica!
Please keep in mind the difference between counterfeit vs fraudulent. Making your own currency is inherently illegal; making your own lease contract or job offer is not. Its very easy for the people/orgs named on a contract to sue for fraud if a counterfeit contract is attempted to be used, very difficult for an unrelated 3rd party. If you use google to make sure your counterparty or property do not exist, its very difficult for the contract counterparty to sue you, given they don't exist and there are no financial damages. Note that bank collateral or financial industry KYC verification or accounting revenue / SOX or insurance fraud is obviously not "unrelated". If you own a small company, which is cheap and you probably should, you can easily issue yourself a job offer in any location; wanna winter over in Antarctica?
They almost intentionally are not trying very hard; they could trivially demand state ID card / drivers license from the new address. Obviously they just want a speed bump as a dark pattern of customer retention.
Example: on the Vegas strip they always have people selling strip clubs and pestering you. I'll say "can't do that tonight but do you have any (insert legit magician) tickets?"
They'll go oh man sorry don't have those tonight. Was going to get some, oh shoot. Have a nice night and take care!!!!
It's like the sale that got away. You're still cool to them so they back off.
I do this with the CD artists - don't have a CD player, you streaming? Nah man.
So always be a buyer of whatever they don't have to sell haha.
Why waste any of your precious time with some scheming/sleezy salesman of that level?
They have to pay you back AND THEY GET CHARGED an additional $20-$30 that your credit card company takes from them as punishment.
Please don't abuse chargebacks unless the merchant deserves it, though.
The way it works (cause I tried) is that you call (or in bank to dispute membership) and guess what? they made you wait on the line/ in the branch until they contact ABC customer support that knows exactly what membership you have when you have it etc. They were even able to fax over my photo (!!) to the banker to prove it wasn't a fraud. I was actually quite happy because I need that kind of chargeback service for my companies when anyone can call (and does) and usually says "my child ordered this". Unfortunately banks will only work this way with merchants pushing hundreds of millions of dollars in memberships, as I was told by a friend of mine who works for Bank of America.
I don't know in Canada, but in USA most membership programs are continue to be a cancer on our society (despite the fact its easier to dispute transaction than it was years ago) and most banks will help in this bad behavior because they don't want too many disputes for credit card companies they underwrite and represent.
They had me sign over my direct withdrawal banking details the day I signed up. I regret doing that.
Now, if the gym in question would fully inform the person that they have nearly impossible cancellation procedure and obtained informed prior consent, that would be different. But that never happens.
"Fully inform" is that not simply what we in real life call "the small print"?
Taking advantage of people is never ok in my book. If you think you're allowed just because you are a little smarter than us I would question your moral and welcome any basic consumer protection.
It depends. We can easily get into the sophistry of "what is understanding", "what's the nature of knowledge" and "how many gains of sand makes it a heap". But usually the most common, though definitely imperfect, test would be whether a random reasonable commoner would be able to understand it. I.e., if somebody is told "we have a contract for 12 months, for X dollars per month, if you want out earlier, you'd have to pay fee of Y dollars" and you say "yes, I agree" - that is voluntary transaction. If you are told "the price is X per month, don't worry about cancelling, it's easy" and then you have to jump through hoops and pay Y dollars because it was printed in unreadable font somewhere in the 2-inch pile of documents you've been given to sign - it's not voluntary, because average reasonable person wouldn't realize it.
> Taking advantage of people is never ok in my book.
Neither it is in mine. There is, however, a wide area of situations where some consider it to be "taking advantage", while others, sometimes including the individuals supposedly being taken advantage of, consider it a free choice. I am against paternalistic approach which says some people can define for other people what's best for them and must protect them from voluntary transactions because it looks to the paternalists like "taking advantage". On the other hand, if it looks for everybody, including the participants, as "taking advantage", and involves hiding substantial information that alters the meaning of the deal, then it's not voluntary. I know it's a more complicated position than fits on a bumper sticker, but life is complicated, so there's no reason not to have complicated positions.
And more importantly I think you put in too much trust in the good will of people. To me it is important to factor in the "human nature" which not always conform to higher ideals. And that does put me firmly in the paternalistic camp.
Not to say I want to remove all liberty. But with the gym examples they clearly show they need to be regulated. They've shown no intent to listen to reasonable random commoners.
I live a place with better consumer protection. I have never in my life had to do a charge back. And have the same bank account. Reasonable consumer protection makes life better - not worse. With the added benefit of making the market more fair for the reasonable players and not cater for the buccaneers.
You're stuck with a bad govt law, no efficient weeding out process exists.
The free market self regulates well in some areas. Others need some assistance.
Not only that but any mistaken withdrawal is refunded.
If I cancelled without formally ending our contract (with their demanded appointment in order to cancel)... they would have dinged my credit score with a complaint of non-payment for an agreed upon contract.
I wish I was joking.
It's a real racket they have going!
I was told that I could cancel any time after a free trial. It turns out I was lied to. I went to see the salesman again as it was on my way. Telling him that I switched my accounts made shut up and look defeated. Felt so good.
My appointment was for 2pm... when the rep showed up at 3pm... his first response was literally "oh hey... you're actually 30 minutes late for our 2:30pm appointment so I'm going to have to cancel.."
I told him I had been waiting there since 2pm (and he had seen me waiting there since 2pm) and then he began to take my fraudulent cancellation data of my moving to another country.
There's no way I'd be relying on a manager's schedule to cancel their services.
That first visit ended with my berating the staffer for being useless and working for a shitty company.
I was not proud of that moment, but what I said was not untrue.
They really had me in their grips... if I just stopped paying without formally ending the contract with the agreed upon "cancellation appointment" (that I apparently agreed to in the original contract) then they would have dinged my credit score for not paying my bills on time essentially.
No thanks, no bank details. I'll pay by cash, every month. I don't care if I'm paying "double" because that "half price" is accounting for crap like this.
That's exactly how they got me iirc.
I could have paid a few dollars more per month to be pay as you go... but I was "gonna do this" and I was going to "stick to my gym habits" and keep at this for years so why not sign my life away???
Lesson learned.
I now happily badmouth Goodlife Fitness whenever I get a chance like this.
This has not been true for years now. I have a Planet Fitness account happily billed to my credit card right now. I actually go 2 times a week, though, and the one time that I did have to cancel it, the process was painless and quick.
Easy would be:
- Open app with subscription
- Go to settings
- Find subscriptionsConsidering the sort of problems people are discussing in the wider thread, this is pretty idealistic.
If I didn't have anything better to do I would have loved to submit about 40 tickets a day asking to close my account until they finally did and banned me.
I did it this way. I went to their live help chat. The moment I said "cancel", I was redirected to another representative, who was clearly trained in customer retention. I held my ground (which is so much easier for me in chat than on a phone call!) and cancelled.
But I managed to cancel through online chat..
It surprised me that a supposedly reputable news outlet is so quick to sell out its credibility. (guess I'll stick with the guardian)
That worked.
I moved out out of the country, they autorenewed, I called them, and they refused to cancel the rest of my year's subscription! They insisted upon continuing to send papers to my old address for an entire year.
Completely scammy, I will never do business with them again.
http://blog.credit.com/2015/06/think-you-won-your-credit-car...
...which makes sense in that a valid debt can't be invalidated by a chargeback. But it doesn't turn an invalid debt into a valid one either.
And if you have a contract that you cancel in accordance with the contract (e.g. making the required request to the required phone number then limiting your call to a reasonable duration after doing so), charging back charges for periods after your payment obligation ends shouldn't give them a valid basis to send you to collections, contract or no contract.
They would be unable to prove a valid debt in that case, so a dispute with the debt collector and/or credit bureaus would get it off your credit.
If they are operating in good faith, and your chargeback is not legitimate, expect a blemish on your credit until you settle the debt (if sent to collections).
I'm curious what this does for in person issues, and if gyms will take a hit in CA.
I think unfortunately what will happen is that people will just hang up on the google assistant because it's not a real human.
It'll be kind of like what happened to the "glassholes". Maybe not as mean though.
As long as it's reliable and intelligent enough, I don't think people will mind. I know I wouldn't.
Explain to me, in detail, how you arrived to this conclusion from my previous statement. If anything, a business accepting robocalls from customers would make canceling easier.
I await your explanation, s73v3r_.
Glassholes were inconsiderate google glass users that refused to take google glass off when interacting with people. Duplex will end up like Google Glass for a similar reason -- people will force other people to interact with robots.
I think if I'm a human on the phone more than a few minutes a day, I might take exception to that. Especially if more than a few calls come in that way and there are enough bugs in the system to make it annoying.
One particular countermeasure will be to require a credit card number (or some other personal information) for cancellation... which I'm not sure Google Duplex would be willing to hand out over the phone.
Maybe it's just wishful thinking but that's my $0.02.
GDPR also has no relevance for US interstate commerce.
South Dakota vs. Wayfair overturned the Quill decision, and, the Quill decision would have been the controlling precedent in any constitutional challenge, based on physical nexus. However, that all changed with Wayfair.
One of the key arguments in the overturn of Quill were that Quill created, rather than resolved market distortions. Essentially, Quill (according to the ruling in SD v Wayfair,) created a tax shelter for businesses that limit their physical presence in a state. The problem with Quill is that it disadvantaged economically identical actors for arbitrary reasons -- a small shop with a few items in a warehouse in a state would have to pay taxes on everything they sold in the state, while a large business (such as Wayfair) with no physical presence in the state would be advantaged by not having to charge a tax on the exact same items. Helping customers evade a lawful tax unfairly shifts an increased share of the taxes to those consumers who buy from competitors with a physical presence in the State.
"Quill’s physical presence rule has limited States’ ability to seek long-term prosperity and has prevented market participants from competing on an even playing field."
So now, we look at the California law requiring online cancellations. It would be an extremely difficult argument to cite SD vs. Wayfair since the online cancellation requirement isn't creating a disadvantage on market participants or the states themselves. Lost economic development due to the imbalance created by Quill was cited repeatedly as a flaw in Quill. An online cancellation requirement is going to be very difficult to prove as having a deleterious effect on economic activity/growth/development as was clearly demonstrated in the majority opinion for Wayfair. Wayfair was essentially about tax shelters. The California law doesn't correct any particular economic harm.
However, that being said, any constitutional challenge to the California Law would likely fall short because the Supreme Court interpretation of the Commerce Clause essentially says that laws ought not present an "undue burden" on interstate trade. Allowing for online cancellation, would be, to say the least, a stretch to argue that it places an undue burden on doing business with people within the state. That's why, if this law were to go to court, it would be upheld since someone like the New York Times would have a hard time proving an "undue burden." Ironically (to me,) being required to collect sales tax in all 50 states as well as the thousands of individual jurisdictions (including multiple jurisdictions even within cities, thanks to economic reinvestment zones) -- that to me, seems like a massively undue burden. However, as the court rules in Wayfair, that burden is less important than the economic discrimination that was happening (i.e. a local online shop vs. an out of state online shop being burdened unequally despite selling the exact same product.)
As an aside, I might argue that a business without a physical presence in the state isn't availing themselves to the infrastructure or public services of that state, however they are being asked to pay for those infrastructure and services. Shipping companies actually do the deliveries and they, of course, are paying the taxes for their locality. But that's another debate. Incidentally, justices Kagan, Sotomayor, Breyer joined Roberts's Wayfair dissent, in which he stated that Congress ought to be making the laws and not the courts. I never thought I'd agree with Kagan and Sotomayor on anything, but it is strange times in which we live.
In anyone's interested, Ginsburg, Alito, Gorsuch, Thomas, Kennedy were in the majority on the Wayfair case while Breyer, Sotomayor, Roberts and Kagan were in the dissent. http://www.scotusblog.com/case-files/cases/south-dakota-v-wa...
It was a 5-4 but not how you would have expected!
Anyway, to the point, Quill would have made a challenge to the California law rather easy, but now, the California law will likely pass a Constitutional challenge based on the "undue burden" test established by the courts.
I never intended to forward the notion that the GDPR would serve as precedence. Indeed in a judicial context "precedence" has a very specific meaning and a piece of legislature from an international body of government would not be considered legal precedence in a U.S. court. I chose the phrasing "guide court opinion" carefully to specifically avoid confusion with the legal meaning of the term.
I agree with your analysis of SD v. Wayfair in that this is not likely a piece of legislation that would make it to the Supreme Court on interstate commerce grounds (at least in a post-Quill world). But if it did I would speculate the argument would center around the need for online firms to alter their behavior in other States as a result of the California law. To which I made the leap to suggest that the GDPR, as a current event, and it's affect on altering firms behavior even outside of the EU would be something that would likely be referenced in a Court opinion. Although, if you wanted to find an example limited to the US, you could also refer to the current status of EPA car emission regulations to demonstrate a similar single state regulation altering firm behavior across state lines without running afoul of interstate commerce.
But at the end of the day you and I are in agreement, this would not have much of an interstate commerce leg to stand on.
P.S. For those interested in the South Dakota vs. Wayfair opinion here is a link:
https://www.supremecourt.gov/opinions/17pdf/17-494_j4el.pdf
I found it interesting like /u/briandear and it is especially relevant for the tech sector.
"It must be as easy to cancel a subscription as to subscribe" would a similar, effective way to do it here.
If a company doesn't want to "do X," but is being forced to, the specific, legalistically deconstructed definition of 'X' gets very important. On the path between the kind of grand moral statements politicians trade in to the way corporate lawyers use language... a lot gets lost
A common 'X' is "inform customers of something": pharmaceutical side effects, the real interest rate on a loan, etc. This often leads to a cat and mouse game, where companies "inform" customers by way of 10,000 word small print documents they know no one reads. Then the regulator tries to stop it, saying this information must be part of all advertising. Then we get verbal small print. Etc.
This is why regulators exist, to play this cat and mouse game.
GDPR, cookie laws, and a lot of the laws which effectively govern business have these issues. Our legislative/political system just doesn't deal with this well. On one hand we have politics, that hates detail. On the other hand, a legal bureaucracy that hates principle. It also doesn't care for economics and isn't too worried about creating environments devoid of real competition, which is an unwanted side effect of getting "regulatory."
In any case, the real underlying problem here, IMO, is that 3rd parties should not have this kind of control in their hands in the first place.
HNers will probably reach for blockchains and smart contracts, but this could be build into credit cards or any payment method. It doesn't really matter.
Just put the ability to turn payments on/off in customer's hands. Send the service a notice. Done. We've built up all these "convenient" ways for customers to authorize repeat payment, without building in an off button. Now they're regulating the use of them instead They should have an off button. That's it.
There’s no point for a company to build a convoluted website if any customer knows they can send an email to info@example.com or a direct message or a text "I cancel my contract with you, my account number is 1234." and the only claim the company could make to counter that is that it didn’t receive the e-mail/message. Not that it’s internal processes didn’t allow for the message to be received, but that its infrastructure never actually received it (in which case the user would have received an email bounce message). To be nice, request the company to acknowledge receipt of the notification and, if not received, repeat on multiple channels (including certified snail mail).
Oh, and make it illegal to hide surprising bits in terms and conditions due to the information asymmetry typically accompanying those :)
They see how easy/optimized subscriptions are, and how hard/optimized cancellations are. They see the regulatory cat-and-mouse game. Conclude that "industry" is acting in bad faith, and suggest an FU rule like that.
Industry will respond (correctly) that this kind of a proposal puts a big burden on them, and makes managing subscriptions very hard and expensive.
I think it's a bad idea for the same reason you can't stop hyperinflation by yelling at retailers to stop their "greedy price gouging." Swimming directly into a persistant economic incentives current is hard. "Complying" becomes implementing the minimum standard which is still legal.
A better approach (IMO, I am not a policy maker) would be to (1) recognize the major economic incentives (2) avoid leaving low level decision making (implementation) in the hands of those whose economic incentives are opposed to your goals. (3) if you absolutely must force companies to act against their own interest, be extremely prescriptive. Leave nothing open ended and do as little of this as possible.
In this case, I don't think it's that hard. Regulate payment providers, particularly CCs. They already have a regulator, so no structural changes (or even legislation, possibly) is necessary.
(1) Make subscriptions an explicit type of thing. (2) Enforce a minimum amount of information that the payment provider must receive, in order to honour the subscription. (3) display this information to customers. Monthly paper statements are fine. (4) Enforce a standard whereby consumers can cancel recurring payments by contacting the payment provider.
A credit card service, bank, bitcoin wallet or whatever has no incentive to make cancelations clunky. Simply putting the onus on them is probably sufficient regulation. The better ones will probably give you a nice app/web view with extra user friendly features the regulator never even thought of. For example, they might alert you when "introductory price" periods end or keep track of "minimum durations" to let you know when your contract expires.
A have a similar view on cookie laws & parts of GDPR. Instead of leaving everything up to websites (who have an incentive to make you give up all your rights), regulate the data browsers & ISPs share with a website. They're not as vested in minimizing user rights.
> (b) A business that makes an automatic renewal offer or continuous service offer shall provide a toll-free telephone number, electronic mail address, a postal address if the seller directly bills the consumer, or it shall provide another cost-effective, timely, and easy-to-use mechanism for cancellation that shall be described in the acknowledgment specified in paragraph (3) of subdivision (a).
I'm not a lawyer of course.
17602...
(c) In addition to the requirements of subdivision (b), a consumer who accepts
an automatic renewal or continuous service offer online shall be allowed to
terminate the automatic renewal or continuous service exclusively online, which
may include a termination email formatted and provided by the business that
a consumer can send to the business without additional information.
though it seems to only apply if the agreement was made online.LA Fitness is another that lets you sign up online, and cancel only via certified mail.
https://www.tivo.com/contact-us
"Please note: At this time, it is not possible to use chat to cancel" ... and same for email, leaving phone as the only option.
Where i live (The Netherlands, Europe) you are allowed by law to cancel subscriptions in the same way you signed up. That seems fair... so if you sign up via internet then you can cancel via internet. No more cancel-bullying.
Of course the reason things are architected this way is so that more people can make money...
1. NAT provides a basic level of security for your network. The same could be achieved with a firewall, but it isnt the norm.
2. Even without nat, there would still have to be _some_ computer that does the processing on the raw data from the IoT device. There is no reason that couldnt be your PC or Phone, but the precedent has been set that these tasks are performed on a managed device in the "cloud".
3. The companies involved will make less money.
A better solution would be to have an IoT gateway device publicly accessible that proxies access to the individual IoT devices. This would create a better security story. If this device were standards based, then each IoT vendor could integrate with it, and router vendors could add the capability to their devices. Of course there is no financial incentive for things to work this way.
I guess I only bring up NAT because it is yet another example of the "server" lie. There is no such thing as a computer that is a "server". Programs act as servers. Computers might be "server-class", but all that means is that they are high quality. Driving a wedge between "servers" and normal PCs just pushes more control out of individual's hands.
2. No argument, does seem odd that it wouldn't be the app though. Figure a door bell wouldn't be all that intensive.
3. Yeah, recurring revenue is pretty much the gold standard.
A device that stands between your device and the public internet, provides security and access control, and is standards based... so a perimeter firewall? But with an API to allow internal devices to punch their own holes. Ehh don't get me wrong I like the spirit, but that would immediately get used by malware.
[1] https://support.ring.com/hc/en-us/articles/213608406-Phone-N...
I tried to pay off my mortgage this week and I had to go to a physical bank and handle them a check for seven hundred dollars. So stupid.
> you can write a “negotiable instrument,” bank talk for a valid check, on just about anything. According to the Uniform Commercial Code, the body of law that governs these things, all you have to include are the name of the payee, the dollar amount, the name of your bank, your signature, the date, and some suitable words of conveyance, such as “pay to the order of.” You don’t need the account number or the bank ID number you find on preprinted checks.
https://www.straightdope.com/columns/read/562/can-you-write-...
There is so much wasted money on zombie subscriptions that people forget about.
And on a more personal level, I don't understand why people can't just manage their subscriptions better. Dark patterns that make canceling subscriptions difficult are one thing, but if a service makes it easy for you to cancel, and you just haven't done it, that's on you.
That said, if a service wants to refund subscribers for unused service periods, that would be a great feature. Or, as a middle ground, send an email saying, "You haven't logged in in X months; do you want to cancel your subscription?" X could even be configurable, and cancellation could be automatic, e.g. cancel the subscription if the user hasn't logged in for 3 months.
Insurance’s value is that any moment they are willing to pay out.
With subscription services, if you only use them occasionally, the smart thing is to let them expire and then resubscrive when you need their services. However the hassle in subscribing and unsubscribing is too high to make practical.
Maybe next time he'll listen when I tell him to only buy 1 month at a time, especially on something he's not sure he'll enjoy.
I did close the account, but saw no reason to reopen one with boa.
The kicker is that a few months later, I get a delinquent negative balance notice from boa. The ACH charge had struck again. I called and asked how in the world I could get an ACH charge on a closed account with $0 in it. The agent said that the account will automatically reopen!!! anytime someone tries to charge it.
They will also automatically charge you overdraft fees, and then an overdraft fee when the overdraft fee bounces, and then a negative balance fee... and an overdraft fee when that one hits.
Just telling the story gets my blood boiling again. Never ever deal with any large corporation if you can help it.
Meanwhile stamps.com and SiriusXM were by far the two most difficult with Terminix and ADT coming in a close third.
I usually just tell them I'll issue a chargeback if they bill again and that USUALLY works. It's why now if I can I'll use paypal so I can just easily cancel the payment plan. For stamps I had to have chase stop all payments to them which seemed to eventually work.
I mean all that entrepreneur wannabes that copy to "Box of X every month" or "A simple SaaS that took me 5K to hire a freelance to do it but I have a niche" model. Please forget about it. I just want a handful of good subscription services in my life. Because I tend to forget I'm paying them.
Some sites/services are getting more savvy about pre-paid cards though (DigitalOcean won't accept one). I tried to use a burner card on a snail mail advertisement offering a $50 gift card to sign up for a trial of a magazine subscription. Didn't work.
In some ways I’m glad it’s not more widely used, or merchants might start banning the BINs the virtual cards use.
It is somewhat expensive to call from Brazil just to hear a recorded message saying the call was useless. In the end I was able to cancel using their web chat. The experience just confirmed my opinion about the company.
Make sure to get your cancelation attempt in writing (email, etc) because some places will still try and collect.
I was actually cancelling to re-sign-up using a non-Facebook account as a paid subscriber..
Add silly friction and you get -1 customer.
https://community.spotify.com/t5/Accounts/Change-from-Facebo...
Are the individual experiences shared in the article (and here in the comments) exceptions or the norm? Even cancelling my last gym membership was a breeze.
It was among a handful of similar reasons that caused me to leave for public sector work which isn't based on used car sales type manipulation and evil BS.
The <form> around the <button>cancel</button> was literally commented out in the html.
I forgot about it, got charged 2 weeks later, and issued a chargeback. Never got charged again.
Edit: here is the phrase that may show up on your credit report: "Account information disputed by consumer, meets FCRA requirements"
However I bypassed this by subscribing with amazon where i can cancel subscription online.
I called a place recently and asked to cancel, first question was.
"Did you read the cancellation date!?!"
Yeah I did and I know you aren't because you didn't even ask my name yet...
So they look it up and ask again what I want, I tell them to cancel it again....
"Ok I updated it"
Damn it....word game city population me.
But still, I'd prefer to use a simple web form to cancel service rather than sit through a 15 minute chat session
In my case, I was considering an alternative provider, I tweeted them to ask if they could match a competing offer, they made a different offer that wasn't good enough to keep me. I checked in another time with them on Twitter to confirm my contract was not in effect, which they confirmed. And then after my new service was installed, I informed them that their service had already been physically disconnected, and to please close out the account.
None of this came with muss or fuss, and I just hit up their DMs whenever it was convenient for me.
Getting them to ACTUALLY cancel can require more than a single phone call.
I got calls from Comcast for weeks afterward telling me that I needed to return my equipment. I kept telling them that I did return the equipment and have a receipt. The only thing that made them stop calling is when I described the receipt to the person on the phone as having "that big stupid NBC peacock logo that you stole on the top of it."
I guess without the logo description, none of the other callers would believe me.
I tried to cancel a credit card in order to escape a recurring charge I couldn't cancel. I was informed by Chase that because I had a previous auto-bill relationship with that company, its charges would follow me to my new card, and if necessary, my bank accounts.
And this one does the same? Who says that guy going through the emails for isn't otherwise going to be helping someone who is actually deaf?
> This gets around an unethical business practice designed to charge money from people who no longer agree to receive services.
This sounds like the most legitimate argument here, if this is indeed unethical. Not sure what my stance is on this.
From- Someone who works in billing for a SaaS company.
I mean you could argue the same for parking right? If everyone parked in the disabled section then you'd encourage having more such parking. And this also requires paying a representative more hours to deal with emails etc. It's not like there's zero cost.
They just don't want that. Because they don't want you to cancel.
Parking spaces on public roads is a separate issue, and it's more in line with driving in a bus-only lane (technically illegal but it is because you need a particular permit -- so it requires more than just being disabled).
My point is that your are jumping the gun with discussions of legality here. The litmus test should be wheter it's shitty to lie about a disability in order to cut through reselling bullshit. Other commentors have more than adequately covered this topic though.
What you can do is facilitate (or mandate) an automated system that allows people to cancel your service with them.
Generally, if I'm cancelling a service, I could not possibly care less about how much it costs the company to process my cancellation. That's completely their problem, and I'm not about to make it mine.
> Generally, if I'm cancelling a service, I could not possibly care less about how much it costs the company to process my cancellation. That's completely their problem, and I'm not about to make it mine.
This was not the point of my comment. The point wasn't to sympathize with the company for their costs. The subjects of concern were other people with disabilities who may have otherwise been helped by the same representative (who probably also couldn't care about the company's costs either). The point of mentioning the costs was that the costs imply they can't just instantly add representatives to avoid affecting other such customers.
A better analogy might be sidewalk ramps, which probably get used ten times more often for prams (strollers) than for wheelchairs. If they were absent or faulty, complaints by owners of prams can help grease the wheels of local government.
Sidewalk ramps are not a scarce resource; my use of them doesn't in any way detract from their use by a disabled person. Any visible use of them ultimately benefits everyone.
Online cancellation (compared to telephone cancellation) is like the latter, not the former.
> Online cancellation (compared to telephone cancellation) is like the latter, not the former.
Wait, what? No, it's like the former. How do you know these agents handling your cancellation weren't assigned to handle similar cancellations from other deaf customers? How do you know the representatives don't have to go through extra procedures (such as documenting and obtaining authorizations for the non-standard cancellation, or bothering more reps to figure out whom to forward the inquiry to) that wouldn't take them far more time than it would take the phone agent? Meaning you could well be taking up a resource that was reserved for disabled folks, slowing down the responses for them in the process. Heck, even if the amount of time spent isn't any more than for a phone call, it's likely to be a separate set of agents handling these special requests than taking calls, meaning you'll still be slowing down this service for those who actually cannot use the phone.
What I find baffling is that neither you nor anybody else is making the most compelling counterargument I can see here, which is that cancellations aren't time-sensitive, so a slower reply would be unlikely to do anyone much harm as a result of slow service. Meaning it's one way you could argue disabled people are not suffering any tangible harm from slow replies. But to argue that it doesn't even affect the service provided to them in the first place is bizarre, especially if you think about what would happen if tomorrow everybody decided to follow this advice and do the same thing.
Though even in your scenario, you are assuming that a company wouldn't adjust its resources as telephone usage drops and written submissions increases. And yes, the point you make in your second paragraph also applies—a written cancellation request places the time onus on the company rather than the customer.
But either way, it is always a good thing if the methods used by people with disabilities are mainstreamed rather than treated as oddball special exceptions.
It isn't like parking, because 99.9% of the time, it's in and out in a couple minutes, and 100% of the time you are physically present in the stall.
But if you take the only parking spot, that person pretty much has to go home. The car could be there for hours, even the whole day. Versus two minutes.
This huge moral difference is accurately reflected in the law- it is absolutely, perfectly legal to use a handicap stall without a disability.
Huh... that's actually very much the opposite of how I would interpret that sentence, but okay.
When someone asks me if I know something is illegal, to me, it seems they are being quite explicit that they are talking about legality and not morality, since otherwise they could tell me that that something is not cool, not that it's not legal. To me this is obvious, but maybe everyone else finds this strange and this is evidence that I just think weirdly, I don't know. But either way it's certainly not that I don't try to think in the first place.
Re the topic at hand. I think that people view this as at most trivially illegal. By bringing up the question, people are in some way assuming that you are against the new CA law. Not saying that you said that explicitly, but I think that is what is going on.
First of all, he said "deaf", not "hard of hearing".
Second ̶o̶n̶e̶, so you're fine with lying to get services you otherwise wouldn't if no one can actualy prove you're lying?
When it comes to them being dishonest about forcing me to call in order to endure a pitch to upsell me? Absolutely.
People with fully functioning hearing should have to sit through 2 hours of comcast customer service trying to cancel their service.
Only the lucky people who have handicaps should be able to easily cancel their subscriptions.
When you sign a subscription, no one promised it would be easy to get out of it. They're lucky not to have to pay a cancellation fee.
The cool thing about disability accommodations is that they're also super handy for the able-bodied, too.
I'm not super up on the history of computer dictation and voice control but I'm pretty sure some of that was driven for use by people with mobility limits that kept them from using a keyboard and mouse. Now we all have voice controlled virtual assistants.
Since when was the ability to cancel something online meant for the disabled?
Either you or a loved one is disabled, and that's why you're so sensitive (if so, I cut you some slack). Otherwise, I have no clue why you're throwing such a hiss about this. Many businesses (like cable companies) are being complete assholes by making it hard for you to cancel their service. Sometimes you have to lie and act unethically to get back at people like that. Hey, you wouldn't have to if they were ethical in the first place! They started this whole prisoner's dilemma! Me? I would love to cooperate and be honest all the time!
It's not like a parking space where if I park in it, then it's unavailable for a handicapped person. There's someone's job to handle these requests and they have a limitless capacity. If anything, it actually takes less company man hours to respond to an asynchronous email request than a synchronous phone request.
I agree that it does feel a slight bit scummy, but after thinking about it I decided that I was OK with it. I can see how some others might think differently though.
I'm willing to take the risk.
Wow, that's interesting. They can't even require a doctor's certification of some sort (without any details)? How does that work for companies that give discounts (say) to the disabled? Can everybody lie to get them legally then? This doesn't sound right. (Note that it doesn't have to necessarily be the ADA outlawing this, so I wouldn't just rely on that.)
> Second, you don't have to be explicitly diagnosed as having a disability to have one.
Do you mean to have one medically or legally? The former is obvious to me but the latter isn't.
That's correct, generally. I mean, if you show up at an airport with an oxygen take, be prepared to demonstrate that you medically require it. It's also different for employment, where your boss may ask you to provide evidence that you need a special accommodation to do your job.
The ADA has exemptions for when it would be unsafe or unreasonable to provide accommodation, and those are the only places where anyone can discriminate against someone for whatever their condition might be (eg the vision and prescription requirements for pilots). In fact the ADA explicitly disallows asking for any general information about disabilities - an employer can only ask yes/no questions about specific criteria.
I can’t imagine what their argument for not supporting someone cancelling their subscription would be.
Fun question: if you were to say you were cancelling for medical reasons would they be opening themselves up to a lawsuit if the call center asked what it was?
IANAL.
You basically described the whole field of advertising, if you make misrepresenting facts illegals, there's not a lot of businesses that would not be fined.
That changes when talking to some LEOs, doctors about certain things in some places, swearing to facts in official contexts and that sort of thing.
But generally speaking, I can lie to you all day long about anything I want. Which is as it has to be, at least if we want to navigate daily life without a full-time lawyer as a companion.
[1] And there's blackmail, which is a weird one - we know it is "wrong", but it is hard to formulate a legal theory as to why, because a perfectly legal act (disclosing embarrassing info about someone, for instance) becomes illegal only after a coercive warning giving the victim a chance to stop it.
I agree, but at the same time you probably wouldn't be interested in saying most of these lies, so it's difficult to use that as a basis for assuming the legality of the ones we might be interested in.
> Most of them involve violence of some sort or deceiving you about something you're giving me money for[1].
This is where I'm stuck. Fraud seems to have a wider scope than money (the obvious counterexample being if you're giving someone something other money, it can still result in fraud). What I'm unclear on is how wide the scope gets. Does "something" have to be tangible and does it have to have a clear monetary value in damages? I don't know what the answer is (which is why I asked), and it seems to me that it could go either way.
IANAL, to be clear. But yes, fraud is generally defined legally as deception for "gain", which is usually, but not always, denominated in money.
Beyond that, like everything else in law, it gets complicated. Are you asking about civil or criminal fraud? Where?
Also, even if you have a case that is technically civil fraud (say, I tricked you out of a dollar) or criminal fraud (I overstated my income on a mortgage application by a dollar), for small-dollar amounts you'll find you have a lot of difficulty actually bringing a case/no DA will touch it, simply because it is too small to waste court time on.
Incidentally, that final point is why ATT and Comcast want to kill class actions. If the people they cheat can't band together, it is too much trouble for anyone to recover that $2.74 "Up Yours Because We Can ILEC Infrastructure Recovery Fee".
Yet I think I have a stigma claiming illness or disability... don't know. So, next time I'm going to try this:
I am a foreigner and have serious issues understanding
spoken English. Please avoid calling me and let us try to
resolve the issue over email.We detached this subthread from https://news.ycombinator.com/item?id=17466555 and marked it off-topic.
I'm also confused at your flamewar comment. I saw that people were keen to challenge me on the morality aspect, but it was not what I was actually objecting to or taking the discussion on -- I was asking about the legality. If you look and see where the OP himself finally responded to my question [1], we had quite a nice discussion on that very topic that even got upvotes with no objections so far as I could see (but do let me know if you see otherwise). How this a flamewar, when we had a nice and civil conversation on the exact subject I inquired about?
If that wasn't what you meant, I'm sorry I got it wrong! Moderation is guesswork. We try as hard as we can to guess right, but definitely still get it wrong sometimes.