eMusic

According to our records, [redacted] registered an eMusic account under the email [redacted] on March**, 2007 and received a 14 day free trial period. During the 4 step, manual entry process, [redacted] selected a paid membership type and attested to reading and agreeing to...

our terms of use prior to activating an account with us.Per our terms of use, if one does not cancel their account prior to the end of the free trial period, one's account will automatically transition into the paid membership type they selected during the registration process. The billing for eMusic memberships is applied automatically per the terms of the selected membership type and this billing is independent of usage. In order to no longer be billed for membership, eMusic must receive a cancellation request, either through the cancellation process on the site, or by contacting an eMusic Customer Service agent via email, phone, or live chat. Because there was never a cancellation request submitted for the account under the email [redacted] since it had been activated, the account remained active and was charged accordingly. As [redacted] had attested to reading and agreeing to our terms of use prior to activating the account under the email [redacted] has also agreed to our strict no refund policy regarding charges. In addition, any charges that are not disputed within 60 days of the date they are applied are deemed accepted by the cardholder for all purposes including disputes. As [redacted] did agree to those terms, we claim no wrongdoing in this matter. [redacted] was billed exactly as he agreed and authorized eMusic to bill him. We did inform [redacted] that he was a paying member with eMusic vis his credit card statements. Each charge was listed as being from EMUSIC.COM and may have had an additional means of contacting us listed. We would have been happy to address any billing concerns had we been contacted when charges were first applied. Unfortunately, that did not happen. We are under no obligation to make any exception to our no refund policy, and additionally, we are under no obligation to make any exception to our no refund policy for any charges that are beyond 60 days old. Our offer is to go above and beyond that policy and issue a refund for the last 6 charges of $11.99 each that were applied, for a total refund of $71.94. We feel this is a fair offer considering we're seeing no evidence of [redacted] submitting a cancellation request for the account under the email [redacted] prior to contacting us on November*, 2014. We will not be offering any further exception to our no refund policy. If [redacted] would like to accept this offer, he may contact eMusic customer service again to accept it and our agents will make that adjustment. If not, [redacted] may want to file a dispute with their credit card provider for any funds they feel entitled to.

We've reviewed the case concerning the eMusic account under the email [redacted]. Although we do have a very strict no refund policy all members agree to, we are going to make an exception to our no refund policy on the customer's behalf. 
We have completely canceled...

the account under the email [redacted] and issued a refund in the amount of $31.99 directly to the payment method that was billed. Please allow the credit card provider 5-7 business days to process this refund.

We have been corresponding with the customer regarding this case. Case #[redacted] through our Customer Service email. Here is the response we sent on January **, 2016. 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 30 day billing cycle. This 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 with. However, 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 30 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 customer. We do want to mention we're not seeing any evidence of $150.00 being debited from the customer, just the $31.99 amount we referred to in our response. If 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 account. We have set the account under the email [redacted] and it is expiring today, February *, 2016. There will be no further billing applied for this eMusic account. As we have already stated our position regarding the refund request, we are considering this matter closed.

All members attest to reading and agreeing to our terms of use, during the registration process, prior to activating an account. Included in our terms of use is our no rollover policy and our no refund policy. Since the customer, [redacted], did attest to reading and agreeing to our...

terms of use prior to activating an account with us, he did agree to our policy that any unused balance from each 30 day billing cycle does expire when the cycle ends. Therefore, we are under no obligation to either make any exception to our no refund policy or issue any courtesy amounts to his account under the email [redacted] for membership balances that expired. We will not be making any exception to our no refund policy. 
Additionally, we see that [redacted]s account under the email [redacted] is set to cancel. The Audiobooks membership on this account has already expired, and the Music membership will be expiring on October **, 2014. 
The only option we can offer would be if [redacted] decided to undo his account cancellation and stay a paying member with eMusic, we would be willing to issue a courtesy amount to his Music membership balance. This would be a $47.96 courtesy amount that we would make good for 60 days starting from the date we add it on, so long as [redacted] maintains an active paid Music membership with us. Unfortunately, because the Audiobook membership has already expired on this account, we cannot issue any courtesy credits unless that paid membership is also reactivated. If that were to happen we could issue 2 Audiobook courtesy credits as well. 
If [redacted] would like to undo the account cancellation and/or reactivate the Audiobook membership on his account, he can log into his eMusic account and go to the Account page. On that page he can both undo his account cancellation by clicking the "undo cancel" button, as well as choose to reactivate his Audiobook membership. Once either or both of those happen, we just need to be informed so we can confirm. Once confirmed, we can add on the courtesy amounts we've mentioned above.

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:

[Your Answer Here] I have several other emails also [redacted] I use to have a credit card number ending in [redacted] I Just feel my bank account info is being charged how is it so hard to find me in the emusic system if you guys continue to charge me $11.99 monthly
 
 
 
 
In order for the Revdex.com to appropriately process your response, you MUST answer the question above.
Sincerely,
[redacted]

Revdex.com:At this time, I have not been contacted by eMusic regarding complaint ID [redacted].Sincerely,[redacted]

Reference# for cancelling my  emusic is [redacted].But the complaint is not about whether I cancelled,emusic proved my complaint by confirming in their response that I called on 09/**/14 & Cancelled. The question to emusic is why did they reactivated my account without my knowledge or consent.I was charged $51.95 for not even downloading music or no music purchased.its not fair to charge or reactivated customers account without their consent.I would like refund back on my credit card.Thank You,[redacted]

According to our records, the account...

under the email [redacted] was registered for a 14 day free trial period, for both Music and Audiobooks, on October **, 2014. 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] 2014. The Audiobook free trial comes with one free trial credit. Our records show that free credit was exceeded when a second Audiobook was purchased during the free trial period. Thus exceeding the free trial amount and transitioning into the eMusic Basic Audiobook Monthly membership for a recurring monthly charge of $9.99. 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 **, 2014. Because we did not receive a cancellation request for the account under the email [redacted], it remained active and was charged accordingly. We at eMusic claim no wrongdoing in this matter. We 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 provider. As 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.

According to our records, we did correspond with the customer through case #[redacted], and we have canceled both of the accounts the customer created under the email addresses of [redacted], and [redacted], and we refunded both of the $11.99 charges that were...

applied. As we did fulfill the customer's request, we consider this matter resolved.

FINAL RESPONSE was already given to this matter. We have already explained that no one at eMusic took any actions with regard to [redacted]'s account under the email [redacted] which resulted in his account remaining active and being billed. [redacted] took all the actions to upgrade his eMusic account under the email [redacted] himself. He was informed that taking actions to upgrade his account would leave his account active and would void his cancellation request. [redacted] acknowledged our agent [redacted]' explanation and stated he was satisfied with the details he was given. After he completed the call with our agent [redacted] on September **, 2014, [redacted] clicked through the upgrade process on his account himself and opted to be charged the $4.00 for the upgrade as well as keeping his account active. Again, [redacted] was informed that if he did go that route, he would void his cancellation request and would keep his account active. Additionally, [redacted] was informed that if he did not opt to cancel his account after doing the upgrade, his account would remain active and be charged accordingly. In order to avoid this, [redacted] was informed that he needed to re-submit his cancellation request. [redacted] did not re-submit his cancellation request, so his account remained active and was charged accordingly. We are not offering any exception to our no refund policy as [redacted] took all the actions himself which resulted in his being charged. We did need to mention that since [redacted] has already disputed the charges with his financial institution, those funds are now no longer in eMusic's control and any refunds issued will be at the discretion of [redacted]'s financial institution. It may be possible that [redacted]'s financial institution will deny any refunds as the charges are legitimate, but [redacted] will need to take that up with his financial institution if he feels dissatisfied with that outcome.We at eMusic claim no wrongdoing in this matter and have already explained our position. We will not be continuing to correspond on this complaint string and we respectfully request that the Revdex.com [redacted], please consider this matter closed and please close this ticket.

Revdex.com:At this time, I have not been contacted by eMusic regarding complaint ID [redacted].Sincerely,[redacted]

Thank you [redacted], 
That was exactly what we needed to see. We have completely canceled the account under the email [redacted] and have refunded the charges applied on March **, 2014 and April **, 2014. You will no longer be billed for this account. 
Please allow your credit card provider 5-7 business days to process the refunds. 
Thank you again for your patience and cooperation.

We apologize for any frustrations. Our records show that an account under the email [redacted] was registered for a 7 day free trial period on September **, 2013. 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 process. In this case it was supposed to transition into the eMusic Fan membership for a recurring monthly charge of $31.99 on September **, 2013. However, we could not successfully process the charge for the membership fee owed and the account fell into a delinquent status. Because we were still owed the membership fee per the terms agreed to, we continued to try to process the charge until successful on Oct **, 2013. This account went into delinquency again on November **, 2013 and came out of delinquency on December *, 2013. 
 
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 activated. The customer's credit card provider approved those charges based on that information being verified. During this account registration process, all cardholders approve membership charges being automatically applied to their payment method. 
 
We also did inform the customer that they were a paying member with eMusic via their credit card statements. Each charge was listed as being from emusic.com with a means of contacting us. We would have been happy to address any billing concerns had we been contacted when charges were first applied. Unfortunately, that did not happen. 
 
We are confirming that the account under the email [redacted] has been canceled and no further charges will be applied for this account. 
 
We do have a strict no refund policy that all members agree to when they register an account with us. We would be willing to make an exception for the last charge of $31.99 that was applied and refund that charge. However, we will not be making a full refund of charges applied. If the customer does wish to be refunded in full, they may want to file a dispute with their credit card provider for any funds they still feel entitled to.

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 notice. Additionally, 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 downloading. Therefore 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 end. Additionally, our no refund policy is contained in the terms of use all members agree to, as well as our own 60 day policy for disputing charges.Furthermore, [redacted] used [redacted] as his payment method. Unfortunately, [redacted] will not process a refund for any charge that is over 60 days old. As [redacted]'s charge for the eMusic Plus Annual membership was 9 months ago on March**, 2014, that is well beyond 60 days old and is completely non-refundable per [redacted]'s policy. As a result, our agent [redacted] offered a complementary $33.98 amount that we would add on to [redacted]'s account, which is an amount equal to two of his usual monthly spendable balances. As [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 resolution. We 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 membership. This would be our final offer. If this would be acceptable, [redacted] can let us know through here and we'll add that amount on to his account. In 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 requested. He will have full access to his account until it expires completely on March**, 2015.

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]
 No I haven't gotten my money back, here is what you are looking for my last digits from the card that was used is [redacted] the email you asked for I never had which I was told by emusic.com that it was hotmail never had account with hotmail.  I sure hope you will be able to get my money back.
thank you,
 
 
 
In order for the Revdex.com to appropriately process your response, you MUST answer the question above.
Sincerely,
[redacted]

According to our records, the account under the email [redacted] was activated through an eMusic 14 day free trial offer. Per the terms of the free trial offer, once the free trial ends, the account will automatically transition into the paid membership selected during account...

registration, unless one cancels their account prior to the end of the free trial period. The account under the email [redacted] was supposed to transition into a paid membership when the free trial period ended March *, 2015, but we could not successfully charge the payment method on the account for the membership fee owed, and the account fell into delinquency.Once an account goes into delinquency, one can only update payment method and reactivate their account, or contact customer service to request account cancellation. Our records show that we were contacted for cancellation, and our agent [redacted] did completely cancel the account under the email [redacted] on March *, 2015 . No charges were applied to this account. We believe this matter has been resolved.

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

We sent this reply to their message on April *, 2014:
Date:
4/*/2014 1:43:54 PM
Hello [redacted]
 
We sent this message to you on March **, 2014 but we never received a response back from you:
 
/>
Date Sent:3/**/2014 5:41:30 PM 
 
Hello [redacted] ,
 
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. One of these is the reason you have been charged.
We understand you are upset about being billed, and while we do have a no refund policy all members agree to, we would like to offer you an option:
1-We can completely close your account under the email [redacted]  and make an exception to our no refund policy and issue a refund of $11.99.
 
OR
2-If you’d like to stay on as a member, we would be happy to set you up to receive your next month of service for free!
We believe we are one of the best values for online music and audiobook downloading. We’d love to give you a chance to see that for yourself.
 
The choice is yours! Let us know which option you would like and we’ll make the appropriate adjustment to your account.
 
We look forward to hearing back from you.
 
Thanks,
[redacted]
eMusic Customer Service
 
We had been awaiting your reply to this message and we never received one from you. Did you reply to this message?
 
Sincerely,
[redacted]
eMusic [redacted]
We have not received a reply from the customer to this email either. We're seeing no evidence in our email records that the customer ever replied to either the message we referred to, or the message from our [redacted] above. If the customer would simply reply to the message from [redacted] and provide evidence that he sent a response to those emails by grabbing a screenshot of his email's sent box showing that he's replying to our messages from, and showing the dates of those replies, we'd be happy to review it and can certainly make an adjustment upon review.

To clarify any confusion, we at eMusic refunded four charges. 
$20.99 each applied on these dates:
[redacted]
The only one we did not make an exception to our no refund policy on was the November membership cycle. Although we're under no obligation to make any further exception to our no refund policy, we have extended this to the one remaining charge from November *, 2015. Thus we have fulfilled this customer's request. We hope this has been resolved to [redacted]'s satisfaction.