eMusic

The user authorized this transaction and we would like to submit the following information for your consideration: The user opened an eMusic account with recurring billing and prior to being charged, eMusic provided a free trial periodDuring the registration process, the user manually entered their account holder name, payment information, and read and attested to reading the Terms and Conditions which can be found here: ***Per the Terms and Conditions, the user agreed to pay the recurring charges until he/she cancelled the account in question by logging into the account and going through the cancellation process, or by submitting a cancellation request to customer service via email, phone or live chatPer the Terms and Conditions, the user did not cancel his/her account and was charged accordingly. Based on the user’s agreement to the contract during the sign up process, the capture of accurate name and credit card information and AVS information, we respectfully request that this charge not be refunded. Upon receipt of the dispute, we will cancel the account in question and there will be no new charges

This looks to have been handled via a disputeOur records show their account under the email *** has been fully canceled and refunds were appliedWe see four refunds of $each were appliedWe respectfully consider this case closed

This exchange between *** *** and ***, our *** *** occurred today, April *, 2015. To:***Date:
*** *** **Hello ***, As you have accepted our offer to make the exception to our no refund policy for the most recent charge of $applied, we have completely canceled your account under the email *** and have issued that refund for $22.99. Please allow your credit card provider 5-business days to process the refundIf you do not see it processed by then, please contact us back to let us know and we'll look into it further. Sincerely,***eMusic *** *** *** *** ***
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*** Hello ***,It appears you are accepting our offer to be refunded the most recentcharge of $Can you reply back to confirm?Sincerely,***eMusic *** ***--- Original Message ---*** *** *** ***
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According to our records, ** *** *** registered and activated an eMusic account under the email *** taking advantage of our introductory offer for both Music and Audiobooks where one agrees to start a paid membership immediately and receives a free bonus amount, good for
the first day billing cycle. All members attest to reading and agreeing to eMusic's terms of use prior to activating an eMusic accountPer section of our terms of use, all members agree that all charges made during an active membership are non-refundable. We did receive an email from *** *** *** concerning the trouble they had downloadingHowever we tested the Audiobook they had trouble downloading, and we had no trouble at all with downloadingAs a result, we believed that ** *** *** did not complete their set up to download successfullyWe replied explaining our no refund policy, and offered considerable assistance with downloading, no only directing her to the help pages regarding those setup steps, but also offering a remote assist invite. ** *** ***'s reply implied that upon hearing the charges are non-refundable she did not try any of our suggested solutions, or engaging in the remote assist invite we sent out, and instead simply went to a different online Audiobook providerOur eMusic agents would have definitely been able to get her downloading successfully, and the invite is still available for her to take advantage of. However, as we see no issue with the downloading and no defect with the item itself, we will be upholding our no refund policy that ** *** *** did agree to prior to activating her account under the email ***We respectfully consider this matter closed

We emailed *** *** * *** on
February **, asking for more information regarding the account in question as we do not have any accounts associated with the email *** We have not received any response from our email yetWe will need the customer to reply back to our email so we may try searching with other informationAny other email addresses the customer may have used to register an eMusic account The last digits of the credit card that was last billed for an eMusic account The amounts and dates of the last few charges applied We’re not sure if these replies will go to the customer, but if they do reply, we’d be happy to keep trying to review this caseOtherwise, we can’t even begin to address a billing issue until we can review the account in question on our database

The terms of the introductory offer *** *** was agreeing to were displayed throughout the four step, manual entry eMusic registration processThese would have shown that she was agreeing to start a paid membership immediately in order to receive a free bonus $amount, good during the first
day billing cycleThis was also repeated at the end of the registration process, and in the welcome email we automatically send out when an account is activated. We're not seeing any evidence that *** *** started registering her eMusic account under the email *** through a free trial offerOur records show that *** *** simply went directly to the eMusic website and started registering through the aforementioned default introductory offerIt seems that *** *** may not have started her registration from the specific web address that would accompany any of our free trial offers. Although all members do agree to our no refund policy, we have made an exception to our no refund policy on *** *** behalf and have emailed her to let her knowWe have completely canceled her account under the email *** and have refunded the $charge that was appliedWe would consider this matter resolved

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:
[Your Answer Here]
They are legally correct, but they practices are dishonest
In order for the Revdex.com to appropriately process your response, you MUST answer the question above
Sincerely,
*** ***

Revdex.com:
I have reviewed the response made by the business in reference to complaint ID ***, and find that this resolution is satisfactory to me and the matter has been resolved, as long as I receive a full refund
To date, no refund has been received
Sincerely,
*** ***

Thank you for your follow up message and including the last digits of the credit card that was billed
Our records show that an account under the email *** was registered for a day free trial period on October *, Per the terms of the free trial offer, once the free trial period ends, the account automatically transitions into the paid membership type selected during the registration processIn this case it was the eMusic Basic membership for a recurring monthly charge of $which went into effect on October **, when the free trial period ended.
Since we never received a request to cancel the account, the account remained active and charged accordingly
We do want to mention that eMusic account registration is no less than a four step, manual entry process in which we require the security code on the back of the card to be verified before an account can be activatedYour credit card provider approved those charges based on that information being verified
We also did inform you that you were a paying member with eMusic via your credit card statementsEach charge was listed as being from emusic.com and may have listed an additional means of contacting usWe would have been happy to address any billing concerns had we been contacted when charges were first appliedUnfortunately, that did not happen
We do have a strict no refund policy all members agree to when they activate an account with us, and any charges that are not disputed within days of the date they are applied are deemed accepted by the cardholder for all purposes including disputes
We would be willing to make an exception to our no refund policy on your behalf, however it would be for only the last two charges that were applied as they are within our day period for disputing chargesThat would be the last two charges of $for a total refund of $
If this would be agreeable to you, please let us know and we can make that adjustmentIf not, you will need to file a dispute with your credit card provider for any funds you feel entitled to
In the meantime, we are confirming your account under the email *** to cancel and it will expire on October **, You will no longer be billed for this account

Revdex.com:At this time, I have not been contacted by eMusic regarding complaint ID ***.I have attempted several times regarding this issue, and have been ignored.Sincerely,*** ***

The user authorized this transaction and we would like to submit the following information for your consideration:The user opened an eMusic account with recurring billing and prior to being charged, eMusic provided a free trial periodDuring the registration process, the user manually entered
their account holder name, payment information, and read and attested to reading the Terms and Conditions which can be found here: ***Per the Terms and Conditions, the user agreed to pay the recurring charges until he/she cancelled the account in question by logging into the account and going through the cancellation process, or by submitting a cancellation request to customer service via email, phone or live chatPer the Terms and Conditions, the user did not cancel his/her account and was charged accordingly.Based on the user’s agreement to the contract during the sign up process, the capture of accurate name and credit card information and AVS information, we respectfully request that this charge not be refundedUpon receipt of the dispute, we will cancel the account in question and there will be no new charges

We did receive an email from the customer and have replied to itWe have set their account under the email *** to cancel so there will be no further billing applied

Customer contacted our eMusic call center and we made an exception to our no refund policy on their behalf$charge was refunded during a call with our agent *** on September **, We consider this matter closed

We at eMusic apologize for any confusion or concerns regarding this matterWhen one registers a new account with eMusic, we verify that the payment method being used to register the account is a valid payment method by applying a small temporary chargeIn our case it is a $temporary
chargePlease note that this is included in our terms and conditions; which there is a link to on the starting page for every account registration, so one can review those terms prior to even starting to register an account with us. This is a very common practice, and many financial institutions display this temporary charge online for several days even though it is subsequently removedPlease be assured that you will not be charged for this temporary validationWe understand how this can be confusing and apologize for any concerns

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:
[Your Answer Here]I wish to cancel membership
In order for the Revdex.com to appropriately process your response, you MUST answer the question above
Sincerely,
*** ***

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:

Here is the string of emails making it quite clear that I wished my account canceled several times PRIOR to the charge I am disputing. The recent activity came BEFORE my request to cancel, as I was using my remaining account balance prior to canceling. Only a complete it would not be able to understand that I was asking for my account to be canceled. And it, or a FRAUD. 
In order for the Revdex.com to appropriately process your response, you MUST answer the question above.
Sincerely,
[redacted]

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 website. The 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 errors. The 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 $31.99. We are going to make an exception to our no refund policy on his behalf. We have completely canceled the account under the email [redacted] and issued a refund for the $31.99 charge that was applied. [redacted] will want to allow 5-7 business days for PayPal to process the refund.

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:
They deny the refund that their offer was only an introductory offer. However, according to the screenshot I made during the registration process, it states "when your trial period ends or exceed your trial credit, whichever comes first, your credit card will be CHARGED the price of the plan checked above. 
 
 
In order for the Revdex.com to appropriately process your response, you MUST answer the question above.
Sincerely,
[redacted]

We had been in correspondence with [redacted] via email. We did receive the first email from Angela on July **, 2015 regarding this matter. We 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 for. We...

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 4 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 activated. On NOV [redacted], 2015 we sent this message in reply to her first inquiry regarding her account under the email [redacted] sent on NOV [redacted], 2015. "Thank you for contacting eMusic Customer Service. eMusic is a subscription-based service where members are automatically charged per the membership plan they select during our registration process. Charges are applied after a free trial period ends, or if a free trial balance is exceeded. One may also accept an offer to start a paid membership immediately and receive a free bonus amount good for the first month of membership. You did have an account under the email [redacted] that you did cancel. However you had a second active account under the email [redacted] that was registered and activated on January *, 2014. As that account was never canceled, it remained active and was charged accordingly. We have a very strict no refund policy all members agree to, and any charges that are over 60 days old are deemed accepted by the cardholder for all purposes including disputes. We 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 60 day dispute window. This would be a refund exception of $23.98. We would also completely cancel your account under the email [redacted] upon issuing this refund. If this is acceptable to you, please reply to let us know and we’ll make this adjustment. If not, you may want to file a dispute with your credit card provider for any funds you still feel entitled to. In the meantime, we did set your account under the email [redacted] to cancel. It will expire on December **, 2015. We look forward to hearing back from you. Sincerely, [redacted] eMusic Senior Manager" We never received a reply back to this message. However, we do think the message sent from our agent back on July **, 2015 was incomplete. We also would have expected the account to be set to cancel at that point so no further charges would be applied. This was not done. We 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 charges. Starting from the charge applied on July **, 2015 to the last successful charge on November **, 2015. This is five charges of $11.99 each for a total refund exception of $59.95. Angela may need to allow 5-7 business days for those refunds to process. As for any other charges prior to July **, 2015, those are still completely non-refundable per our terms of use. Angela may want to file a dispute with her credit card provider for any funds she feels entitled to. We respectfully consider this matter closed.

The customer is claiming:   "the agreement on emusic was a free 30 day trial  and charges were on my card in 3days."Please note that the customer registered the account under the email [redacted] starting from this offer page:[redacted]The...

terms of the offer are clearly stated on the page as such:*Get a $25.00 credit free with an eMusic trial subscription. Offer available to first-time eMusic music customers in the US, 18 years of age or older. Internet access, registration, and credit or debit card required. Your free trial expires 14 days after registration or when you exceed your free trial credit (whichever comes first) at which time you will automatically become a paying eMusic member. Cancel your subscription before the end of your free trial period or before you exceed your free trial credit and you will not be charged. To cancel visit [redacted]. Music plans start at $11.99/month. Limited Time Offer. Offer and eMusic's prices are subject to change without notice and are subject to eMusic's terms of use. eMusic and the eMusic logo are trademarks of eMusic.com Inc. in the US or other countries. All other trademarks are the property of their respective owners, none of whom is a partner or sponsor of eMusic, except [redacted]. eMusic is not responsible for products, services or claims made by [redacted].Please note the section of these terms that clearly states: "Your free trial expires 14 days after registration or when you exceed your free trial credit (whichever comes first) at which time you will automatically become a paying eMusic member."This information is also included in the eMusic Terms Of Use that all members attest to reading and agreeing to prior to activating an account with eMusic. So [redacted] is not only incorrect about the initial length of the free trial period (as it was NOT a 30 day free trial, but rather a 14 day free trial), but he has been charged exactly as he agreed to as our records show he exceeded the free trial balance on his account, and thus his account transitioned into the eMusic paid membership plan he selected during the account registration. In this case it is the eMusic Fan monthly membership for a recurring monthly charge of $31.99. Here is the download history for the account to show that [redacted] used all of the $25.00 free trial balance, and $5.01 of the $36.99 paid membership balance on August *, 2015. Thus exceeding the free trial balance and being charged for the paid membership as he agreed to. Song Purchase History for [redacted]. Showing results 1 - 77 of 77.  Date Rights Artist Album Song DL Status  8/*/2015 3:28:55 PM RB ( $5.88 ) –RB ( $0.87 )RB ( $5.01 ) [redacted] *
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The album purchase that exceeded the free trial balance was the Billy Cobham, Dennis Chambers "Jazz Rock" album. As we at eMusic charged [redacted] as he agreed to be charged, we claim no wrongdoing in this matter and cite our strict no refund policy, contained in the aforementioned terms of use which all members attest to reading and agreeing to. We respectfully consider this matter closed. Please do note that the account under the email [redacted] is currently still active and will be billed again on September *, 2015. If [redacted] wishes to cancel his account, he should log in and do so well before that date. [redacted] is welcome to contact eMusic Customer Service at: [redacted]