eMusic

Any cancellation attempts would be recorded in the customer's file, as outlined in the attached fileWe have also offered to the member to give them the entirety of the eMusic balance they've paid for, since we are unable to provide a refund per our terms of useThe member has refused

According to our records, [redacted] registered and activated the account under the email [redacted] through our introductory offer in which one starts a paid membership immediately, and receives a free bonus $spendable amount, good for the first day billing periodThis was not a free trial offer.The terms of the introductory offer being accepted are repeated throughout the registration process, in the confirmation message displayed when the account is activated, and in the welcome email that is automatically sent when the account is activated.Per the terms of use all members attest to reading and agreeing to, all charges are non refundableOur records show that we did receive communication from [redacted] on October *, Our agent Jamie replied to the email on October *, 2015, providing the same information as above, including our no refund policyWe also offered to give [redacted] the next month of membership for free, but have not had any reply backIn the meantime [redacted] 's account under the email [redacted] is set to cancel and will expire on November *, As we see no wrongdoing in this matter, we respectfully consider the matter closedWe'd be happy to hear back from [redacted] through the email correspondence we've been awaiting a reply to

According to our call recordings, the customer had called us on March*, [redacted] and spoke with our agent [redacted] During the call the customer accepted a one time exception to our no refund policy for the charge applied on March *, [redacted] in order to give the customer a free month of service in exchange for keeping their account open The agent specifically noted that the cancellation was voided on the account under the email [redacted] and that billing would resume on April*, 201*The agent also made sure to mention that the customer would need to submit a cancellation request before that date if they did not want to continue being billedThe customer acknowledged this information and agreed to those terms Despite this evidence, we have decided to make a final exception to our no refund policy in this case and have issued the refund of $for the charge applied on April*, 201*Customer, please allow your credit card provider 5-business days to process the refund

We had been in correspondence with [redacted] via emailWe did receive the first email from Angela on July **, regarding this matterWe did send a reply back, after we found that she had registered and activated a second account with us and that was what she was being billed forWe explained back then that we do have a strict no refund policy, and informed her that the account in question was under the email [redacted] We also explained that eMusic registration is no less than a step, manual entry process during which we do require the security code on the back of the card to be verified before an account can be activatedOn NOV ***, we sent this message in reply to her first inquiry regarding her account under the email [redacted] sent on NOV ***, "Thank you for contacting eMusic Customer ServiceeMusic is a subscription-based service where members are automatically charged per the membership plan they select during our registration processCharges are applied after a free trial period ends, or if a free trial balance is exceededOne may also accept an offer to start a paid membership immediately and receive a free bonus amount good for the first month of membershipYou did have an account under the email [redacted] that you did cancelHowever you had a second active account under the email [redacted] that was registered and activated on January *, As that account was never canceled, it remained active and was charged accordinglyWe have a very strict no refund policy all members agree to, and any charges that are over days old are deemed accepted by the cardholder for all purposes including disputesWe could make an exception to our no refund policy on your behalf, but it would be for only the last two charges applied as they are the only charges still within the day dispute windowThis would be a refund exception of $We would also completely cancel your account under the email [redacted] upon issuing this refundIf this is acceptable to you, please reply to let us know and we’ll make this adjustmentIf not, you may want to file a dispute with your credit card provider for any funds you still feel entitled toIn the meantime, we did set your account under the email [redacted] to cancelIt will expire on December **, We look forward to hearing back from youSincerely, [redacted] eMusic Senior Manager" We never received a reply back to this messageHowever, we do think the message sent from our agent back on July **, was incompleteWe also would have expected the account to be set to cancel at that point so no further charges would be appliedThis was not doneWe do feel that the billing that occurred after this message was sent should not have happened and we are going to make an exception to our no refund policy for these chargesStarting from the charge applied on July **, to the last successful charge on November **, This is five charges of $each for a total refund exception of $Angela may need to allow 5-business days for those refunds to processAs for any other charges prior to July **, 2015, those are still completely non-refundable per our terms of useAngela may want to file a dispute with her credit card provider for any funds she feels entitled toWe respectfully consider this matter closed

The customer contacted eMusic Customer Service and requested a refund because "I am unable to download the material from work, which is what I needed it for".This indicates that they were not able to due to their company's IT settings preventing them from doing soAs this is not a product error on eMusic's part, the customer was subject to the no refund policy contained within the terms of use all members attest to reading and agreeing to prior to activating an eMusic accountWe explained that it is not eMusic's responsibility if one's IT parameters at work prevent them from being able to download to their work computersWe explained that the MPfiles customers download from eMusic are for personal home use only, and offered an alternative to using their work computer in trying the eMusic app for androidDespite the fact that we are under no obligation to make any exception to our no refund policy, we have made an exception to our no refund policy and refunded the one $charge and the one $charge that was appliedThe account under the email [redacted] has been completely canceled and there will be no further billing for this account

Unfortunately, there has been no information provided which is associated with the account in questionWe will be unable to address this complaint until we can look at the account in question on our database If the customer would be so kind, it sounds like they contacted our customer service agentsIf they called, they would have received a confirmation numberIf the customer can provide that confirmation number we may be able to look into this furtherThe customer may also provide the exact email address the account in question was registered with as the log in IDOnce we receive this information and review our records, we can address this matter

Revdex.com: I have reviewed the response made by the business in reference to complaint ID# [redacted] , and have determined that my complaint has NOT been resolved because: I am not the only person that E-music has done this too In fact, internet searches revealed that others have been a victim of E-music's fraudulent behavior I have disputed the charges with my bank and I also have filed a complaint like others with the New York Attorney General I think that E-music should again refund the entire monies Also note that E-music told me they would give me two months, it was not acceptable to me, but that is all they would give when I spoke to them, and I have yet to receive it But they still owe me for the other months, should the refund for two months be received E-music should consider revising their policy if they want to retain a good reputation with customers or future customers I can’t make them do the right thing, but for me, I know I cancelled on the first day, and I know that I was not aware they were taking unauthorized payments Therefore, E-music should reconsider their position, and reach a final resolution of this matter, by doing the right thing and refund me all months, minus the two songs I would appreciate it if E-music seeks authority from someone higher within the organization Thanks [redacted] ***

As requested, we have set the account under the email [redacted] to cancel [redacted] will have full access to the account until it expires on September *, There will be no further billing applied for this account

While it is true that eMusic's agreements with the three major label groups have ended, and as a result their content has been removed from eMusic and is no longer available for downloading; all members attest to reading and agreeing to eMusic's terms of use which do indicate that eMusic reserves the right to change any aspect of the service, at any time, with or without prior noticeAdditionally, our terms of use indicate that our agreements with labels can end and in such a circumstance that content will be removed from the site and no longer available for downloadingTherefore all members, including [redacted] ***, agree to use eMusic under the expectations that-1-eMusic reserves the right to be able to change any aspect of the service, with or without prior notice being given2-That content can be removed from the site if our label agreements endAdditionally, our no refund policy is contained in the terms of use all members agree to, as well as our own day policy for disputing charges.Furthermore, [redacted] used [redacted] as his payment methodUnfortunately, [redacted] will not process a refund for any charge that is over days oldAs [redacted] ***'s charge for the eMusic Plus Annual membership was months ago on March**, 2014, that is well beyond days old and is completely non-refundable per [redacted] 's policyAs a result, our agent [redacted] offered a complementary $amount that we would add on to [redacted] ***'s account, which is an amount equal to two of his usual monthly spendable balancesAs [redacted] only has three more monthly cycles left until his current annual membership ends, we felt this was the best and only option we could offer for a good resolutionWe could up that complementary amount to $50.97, which is equal to three of [redacted] ***'s monthly spendable balances, basically doubling up his spending power in this last three months of his annual membershipThis would be our final offerIf this would be acceptable, [redacted] can let us know through here and we'll add that amount on to his accountIn the meantime, we've made sure to confirm the cancellation request for [redacted] ***'s account under the email [redacted] The account is set to cancel as he requestedHe will have full access to his account until it expires completely on March**,

The screenshot that was attached to the response is NOT what [redacted] was seeing when he started registering his account under the email [redacted] Our records show he did not register through a free trial offer, but rather our default introductory offer on our websiteThe image attached is from a completely different registration path than what we have on record was the registration path [redacted] followed when he registered and activated his account under the email [redacted] We test every registration path frequently in order to make sure there are no errorsThe charge [redacted] was applied was true to the introductory offer path he registered and activated his account under the email [redacted] through As there has been very minimal usage on the account, and it is only the one charge of $We are going to make an exception to our no refund policy on his behalfWe have completely canceled the account under the email [redacted] and issued a refund for the $charge that was applied [redacted] will want to allow 5-business days for PayPal to process the refund

We have replied to the customer's decision, through the email case we sent out (case #***), in an attempt to get in touch with the customer and offer an agreeable solution for the issue they were having with their account We do have on record replying to both of the customer's emails, and it was not until the second email that the customer requested we send replies to the new email addressHowever, as we mentioned, the agent assigned to the case did not notice that [redacted] ***'s request in that second email, so we now understand why he hadn't seen either of our replies and why we were still waiting for a reply back from him to our messages We have completely canceled the account under the email [redacted] , and made an exception to our no refund policy for the last two charges applied

Better Business Bureau: I have reviewed the response made by the business in reference to complaint ID# [redacted] , and have determined that my complaint has NOT been resolved because: [Your Answer Here] Two of the above refunds were to reimburse two charges that occurred AFTER the complaint was filedI am still in need of refunds for November and December, since my last successful transaction on the site was October, In order for the Revdex.com to appropriately process your response, you MUST answer the question above Sincerely, [redacted]

Revdex.com: I have reviewed the response made by the business in reference to complaint ID# [redacted] , and have determined that my complaint has NOT been resolved because: [Your Answer Here] My response is based on the information that eMusic provided (eMusic's response is in italics):User opened an eMusic account with recurring billing- This is correct, as I would not be able to use the credits that eMusic offered without opening an eMusic account During the registration process, user manually entered account holder name, payment information, and read and attested to reading the Terms and Conditions: [redacted] - This is correct, as I would not be able to use the credits that eMusic offered without opening an eMusic account and providing a credit cardPer the Terms, user agreed to pay the recurring charges until he/she cancelled the account- This is correct, as I would not be able to use the credits that eMusic offered without opening an eMusic accountUser did not cancel account and was charged accordingly- This is INCORRECT, as I have stated multiple times to the Customer Support staff that I DID cancel my subscription as there was very little that eMusic had to offer in terms of music that I would continue staying with the serviceI have not even logged onto the service for a yearWhy would I knowingly stay with a service for a year, and not even log onto the site to even TRY to see if there was any music I wanted to buy? I was under the assumption that when I cancelled my service that this was the end of the serviceUpon receipt of the dispute, we will cancel the account in question and there will be no new charges.- I had requested twice, both on August [redacted] and August [redacted] to close my account so no additional charges will be accrued, and I was assured via email that they are closedAre you telling me that they are remaining to be open when I specifically requested to close this account?!? We believe this user authorized this transaction In order to provide further documentation to verify this, we request that the user provide the email address associated with his/her eMusic account so that we can investigate further Alternatively, user can reach out directly to [redacted] to try and resolve this issue directly with our Customer Service team.I have spoken via email with your Customer Service team multiple times on August [redacted] and August ***, and they are aware of this situation and have my email on recordI received the same responses from your Customer Service team that they have no records that I cancelled my service, yet refused to answer one of my questions I asked MULTIPLE times and that I will ask you now: is it possible that this was an error on eMusic's website? Most times companies take responsibility to make right be their customer base with situations like thisThey will examine all sides and enter the possibility that they possibly were at faultThey try to make things right by their customers, in order to keep them if they decide to come backIt's an old adage called 'The customer is always right'I was a previous member of eMusic, and if this wasn't an issue I would have come backI used to talk highly of the eMusic serviceWhat incentive are you giving me to come back when I cancel my service, yet your setup does not acknowledge this and charge my credit card for over a year; and when a try to resolve this I am basically told I am a liar by not acknowledging that I believed that I cancelled my service In order for the Revdex.com to appropriately process your response, you MUST answer the question above Sincerely, [redacted] ***

FINAL RESPONSE We at eMusic have already stated our position on the matterThe customer accepted the refund of the last two charges that were applied, and any charges that were not disputed within days of the date they were applied are deemed accepted by the cardholder for all purposes including disputeseMusic will not be making any further exception to our no refund policy for this matter regarding the account under the email [redacted] The customer may wish to file a dispute with their credit card provider for any funds they still feel entitled to

According to our records, the account under the email [redacted] was registered for a day free trial period, for both Music and Audiobooks, on October **, Per eMusic’s terms of use, which all members attest to reading and agreeing to, the paid memberships selected during registration will automatically at the end of the free trial period, or if one exceeds their free trial balance, whichever comes first Our records show a combination of these two things happening on the account under the email [redacted] The Audiobooks membership was charged for due to the free trial credit being exceeded on October [redacted] The Audiobook free trial comes with one free trial creditOur records show that free credit was exceeded when a second Audiobook was purchased during the free trial periodThus exceeding the free trial amount and transitioning into the eMusic Basic Audiobook Monthly membership for a recurring monthly charge of $As for the Music membership, this transitioned into the paid membership simply because we did not receive a cancellation request for the account prior to the end of the free trial period on October **, Because we did not receive a cancellation request for the account under the email [redacted] , it remained active and was charged accordinglyWe at eMusic claim no wrongdoing in this matterWe billed [redacted] exactly as she agreed to be billed per our terms of use that she attested to reading and agreeing to prior to activating the account under the email [redacted] Our records show that [redacted] has disputed charges with her payment method providerAs a result, we are no longer in control of those funds and her payment method provider will decide if any funds will be returned to her

We had been replying to the customer's emails, but when we reply, the replies go directly to the email address we've got as the recipient's email addressOur replies were going to the email address [redacted] In reviewing the email string, we now see that the customer was asking us to reply to this email address instead: [redacted] This is the reason the customer wasn't seeing our repliesWe're following up with the customer via our email nowWe believe we will be able to resolve this matter to the customer's satisfaction

Revdex.com:At this time, my complaint, ID [redacted] regarding eMusic has been resolved The business contacted me directly saying they elevated it to a specialist, and a week later saying they've removed my payment information Unfortunately I have no way of knowing if this is true for another months (By clicking "OK", your complaint will be closed as Resolved.) Sincerely, [redacted]

We would like to address each point that the customer has made in their complaint 1-The customer claims to have canceled their account under the email address [redacted] online within days of their account activation Additionally, they claim there is no place to contact customer service There is no evidence that the customer took actions to cancel their account through their account profileOur records show that they started a day free trial period on January **, That free trial period ended on January **, When we attempted to charge their payment method per the terms they agreed to, we could not successfully process the charge and the account fell into delinquencyBecause we were still owed the membership fee, we continued to try to process the charge until successful on January **, This is contrary to their claim that they canceled their account within days of activationHad they canceled their account, they would have automatically received a cancellation confirmation email from usThey have not noted in their complaint that they received that confirmation email, or any confirmation message at all to support their claim of cancellation prior to the end of the free trial period We also offer a help/contact us link at the bottom of every page on the eMusic siteEven if they were not logged into their account, they could click on that link which leads them to our help pages and several means of contacting usIf they were logged into their account and going through the cancellation process, we do have our customer service number displayed on that page, as well as a live chat button during the hours of 10am-5:30pm EST days a week 2-They emailed a follow up reply to the message we sent them on January **, We did reply to their original message which was sent on January **, with the reply the customer mentionedThis reply we sent was on January 15, which did include the option to either be canceled right away and receive an exception to our no refund policy in the amount of $31.99, or to stay on as a member and we would set their account up to receive the next month freeWe asked them to reply back to this message to let us know how they would like to proceedOur records are showing that we have not received any email in reply, we had been awaiting a reply to their email up to the point that they called us on January **, 3-We did cancel the account and applied a refund during the call on January **, and they would have to wait another 5-days before they receive it When we apply a refund we inform the customer that it can take their credit card provider 5-business days to process the refundWe can and did apply the refund immediately during the call on January *, 2014, but it depends on the credit card provider as to how long it will take them to process that refundTypically, most refunds get processed sooner than that, but once we've applied the refund it is out of our hands as to how long the credit card provider will take to put those funds back 4-The customer did not approve/authorize the charge that was applied All members agree to be charged automatically per the terms of use they attest to reading and agreeing to prior to activating an account with usThis customer agreed to be charged if they did not cancel their account prior to the end of the free trial periodThe customer did not cancel their account prior to the end of the free trial period and therefore was charged accordingly Since we have issued the refund and closed the account, there is nothing more we can do to assist in this matterWe are respectfully considering this matter closed

We have been corresponding with the customer regarding this caseCase # [redacted] through our Customer Service emailHere is the response we sent on January **, Hello [redacted] ,Thank you for contacting eMusic Customer Service.Our records show that an account with the e-mail address [redacted] was activated through our introductory offer where one starts a paid membership immediately and receives a free bonus spendable amount, good for the first day billing cycleThis was not a free trial offer.In this case, you selected the eMusic Fan membership for a charge of $31.99.The terms of the offer and membership plan are detailed during the registration process, the welcome email that is sent to all new members and in the Terms Of Use that all eMusic members agree to prior to signing up for an account.We have a strict no refund policy all members agree to, so a refund request is the only thing we cannot assist withHowever, if you would like to stay on as a paying member with eMusic, we would be happy to issue you a courtesy amount of $15, good for days starting from the date we add it on as long as you maintain an active eMusic membership.We look forward to hearing back from you.We have not received any response to this message from the customerWe do want to mention we're not seeing any evidence of $being debited from the customer, just the $amount we referred to in our responseIf the customer is refusing the offer we've presented, we can understand, however our no refund policy is still in effect and we will not be making any exception to this policy, which all members agree to prior to activating an eMusic accountWe have set the account under the email [redacted] and it is expiring today, February *, There will be no further billing applied for this eMusic accountAs we have already stated our position regarding the refund request, we are considering this matter closed

Revdex.com:
I have reviewed the response made by the business in reference to complaint ID# ***, and have determined that my complaint has NOT been resolved because:
The business' response is ridiculously exaggerated to the point where there were no available explanation of any such agreementAs a result the aforementioned was taken from account
In order for the Revdex.com to appropriately process your response, you MUST answer the question above
Sincerely,
*** ***