eMusic

Our position on this matter has been stated in our first reply to this complaint. 
Our records show that there had been absolutely no communication with our customer service department regarding the account under the email [redacted], nor any actions taken by the cardholder to cancel the account under the email [redacted] since the account was activated on February **, 2011. 
Thus, the customer was given knowledge via their credit card statements that they were an active, paying member with eMusic and took absolutely no action to question those charges or request cancellation for 3+ years despite the fact that up until March of 2014 we at eMusic provided three ways to contact us regarding any billing concerns (live chat was discontinued in March 2014).
It is each individual's responsibility to know how their finances are being used and to take actions in a timely manner with regard to any charges they do not wish be applied any further. [redacted] took absolutely no action to address any billing concerns in a timely manner and has implied there was no personal responsibility on his part to address those concerns in a timely manner. In the meantime we at eMusic did absolutely nothing wrong in charging for the account under the email [redacted]. Those charges were authorized and applied per the terms of use [redacted] attested to reading and agreeing to. 
Furthermore, the customer's statement, "I cancelled a previous unwanted membership in 2011 and never wanted it to be reopened." has no implication on this matter as the account under the email [redacted] was never requested to be canceled by the customer. The account has remained open since it was activated by the customer on February **, 2011.
Once again, any charges not disputed by the customer within 60 days of the date they are applied are deemed accepted by the cardholder for all purposes including disputes. 
In order to have any exception to our no refund policy made for charges beyond that 60 day period, we must be presented with evidence that the cardholder requested cancellation of the account specifically under the email [redacted] by contacting an eMusic customer service representative via email, phone, or live chat dated prior to July **, 2014. As of yet [redacted] has not presented any evidence to support his claim that a cancellation request was submitted for the account under the email [redacted] prior to this complaint being filed. Unless that evidence is delievered to eMusic the charges will stand.

[redacted] did contact us via email on April *, 2015 regarding charges for an eMusic account. We at eMusic replied to that email with this response, which does explain the reason [redacted] has been charged for an eMusic membership:Hello [redacted],Thank you for contacting eMusic...

Customer Service.Our records show that an account under the email [redacted] was registered for a 14 day free trial period on October *, 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, your account was supposed to transition into the the eMusic Premium membership for a recurring monthly charge of $20.99 on October **, 2013, but we were unable to successfully charge for the membership fee owed, and your account fell into a delinquent status.Because we were still owed the membership fee per our terms of use, we continued to try to process the charge until successful on November *, 2013.Please note that all members agree to be charge automatically per their selected membership plan. This billing occurs independent of usage. In order to cease being billed, one must submit a cancellation request fortheir eMusic account.Since we never received a request to cancel the account, the account remained active and was 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.Your 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 statements. Each charge was listed as being from emusic.com and may have listed an additional 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 not able to issue you a refund for charges incurred during your membership. Per Section 6 of eMusic’s Terms of Use which you agreed to when you registered for your account, all charges made during the subscription period are nonrefundable.As requested, we have set your account under the email [redacted] to cancel. You will have full access to this account until it expires on May *, 2015. You will no longer be billed for this eMusic account.If you are having trouble accessing the account now that you have the log in email ID, let us know as we could help you get access while your account is still active.Sincerely,[redacted]eMusic [redacted]After a follow up reply from [redacted], we sent a response which further explains our no refund policy and offered an exception to our no refund policy as outlined: As mentioned, we do have a strict no refund policy all members agree to when they activate an account with us. 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. We would be willing to make an exception to our no refund policy on your behalf, but it would be for only the most recent charge of $22.99 applied as it does fall within the 60 day dispute window.  If this would be acceptable to you, please reply back to this message to let us know.  We look forward to hearing back from you.Sincerely,[redacted]eMusic [redacted]We have not yet received a reply to this message, and are considering our offer as rejected by [redacted]. However, we at eMusic claim no wrongdoing in this matter. [redacted] attested to reading and agreeing to eMusic's terms of use prior to activating an account with us. [redacted] was billed exactly as she agreed to. [redacted] took no action to cancel her eMusic account under the email [redacted] until contacting us on April *, 2015. It is each individual's responsibility to know what their finances are being used for and to contact the appropriate parties in a timely manner if there is any concern about billing. [redacted] took no action to contact customer service at any point prior to April *, 2014 regarding this billing. Although we at eMusic regrettably no longer have the resources to be able to offer phone support, we did offer phone support up until February *, 2015.The offer we presented is still on the table, and [redacted] is welcome to accept it if she wishes. She can reply back through the email string with our [redacted], or accept the offer through here. If not, she may want to instead file a dispute with her credit card provider for any funds she feels entitled to.

Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted], and find that this resolution is satisfactory to me and the matter has been resolved.
Sincerely,
[redacted]

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 address. Our 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 replies. 
We're following up with the customer via our email now. We believe we will be able to resolve this matter to the customer's satisfaction.

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 so. As 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 account. We 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 computers. We explained that the MP3 files 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 android. Despite 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 $11.99 charge and the one $9.99 charge that was applied. The account under the email [redacted] has been completely canceled and there will be no further billing for this account.

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 reject this because my complaint has not been addressed.  
 
 
 
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:
It is my belief that I did in fact cancel my subscription the same day that I opened the account, and that is what I had informed [redacted] ([redacted]) and [redacted] ([redacted]).  I work in the legal industry, and I know that there are no absolutes, and many times, all systems experience technical difficulty leaving room for errors.  That being said, because of the small amount at issue, I did not notice that the charge was reoccurring on my checking account, and in my experience, this is what merchants rely on when they continue to take monies from you.  The only reason I even noticed today, was because of a notice that I got from my bank.    If I had noticed the charge before, I would have certainly cancelled my account.  If E-music wants to dispute that they owe me because I have access the account and purchase monthly, that's one thing, but E-music knows that from November 2013, the first day I opened the account I have NEVER accessed the account again, and that is because I truly believed that I had made a one-time purchase and that I had cancelled the subscription.  Otherwise why would I not use the subscription for 7 months.  Maybe a better practice would be that if an account has not been accessed in 30 days, has no activity, that E-music would automatically cancel the subscription or notify the subscriber.  It is because their system is designed to keep charging you in hopes that people like me would not notice.  This is not customer service, this is a scam business.  I got two songs for $85+ and that's good business.  Strict policy or not, what happened to simply good business practices.  I want a refund. 
?
In order for the Revdex.com to appropriately process your response, you MUST answer the question above.
Sincerely,
[redacted]

Our records show that an account with the e-mail address [redacted] was registered on August **, 2015 for a 14 day trial period with $25.00 free trial credit.All new members are asked to select a membership plan during registration. The plan chosen in this case was the eMusic...

Basic Monthly membership. Membership begins and one's credit card is charged once the free trial period ends or the free trial balance is exceeded, whichever comes first.Their trial membership rolled into a paid membership on September **, 2015, after a brief period where their account fell delinquent because we could not successfully charge the payment method for the membership fee owed, because we did not receive a cancellation request before the trial period ended.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. Although we do have a strict no refund policy all members agree to, we have decided to make an exception to our no refund policy on their behalf. We have completely canceled the account under the email [redacted] and issued a refund for the $11.99 charge that was applied. The customer may need to allow 5-7 business days for their credit card provider to process the refund.

FINAL RESPONSEThis is the final response to this matter from eMusic.eMusic account registration is no less than a four step, manual entry process. As you'll see in the images we are attaching, the customer used [redacted] in this case. This means that there was an extra step in the registration process where the customer had to enter their [redacted] log in ID and password in order for the charge to be applied to their [redacted] account. One of the attached images is the customer's account on our database showing that [redacted] is the payment method used for the account. ([redacted] approved the charge based on the fact that correct log in and password information was supplied during the eMusic account registration. The introductory offer that was accepted was the offer through the [redacted] page where one starts a paid membership immediately and is granted a free bonus $25.00 amount, good for the first month's paid membership. In this case the selected membership was the eMusic Fan membership for $31.99. These are the two remaining images showing the start of registration (First page of [redacted]), and the page after clicking the "Join Now" button (second page of [redacted]). Here are the terms of use all members agree to when activating an account with eMusic: [redacted]We at eMusic have more than sufficiently provided proof of registration, the terms of the offer, and the terms of use all members agree to, which does include our no refund policy. We respectfully consider this matter closed.

Our sincere apologies for any frustrations. Those numbers mentioned are not for reaching customer service. At present, our Customer Service phone number is displayed on our site in our FAQ pages regarding billing...

concerns:[redacted]We have found an active account under the email [redacted] in our database and have set this account to cancel as requested. [redacted] will have full access to her account under the email [redacted] until it expires on January **, 2015. There will be no further billing applied for this account.

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 *, 2015. There will be no further billing applied for this account.

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 5 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 7 months, minus the two songs.  I would appreciate it if E-music seeks authority from someone higher within the organization.  Thanks. 
[redacted]

Review: I got a free trial membership and was told I could cancel my account at any time. I cancelled my account because I was not interested in their music. A week later I saw that emusic attempted to charge my prepaid card. I cancelled the account again. A week later they attempted to cancel my account. I did this a third time same result. I sent an email stating I have tried to cancel my account 3 times. I asked them to cancel my account and do not attempt to Bill my credit card. The next day they bilked my credit cards I had money on it this time to pay another bill. They took 11.99 out of my account. I tried a fourth time to cancel my account and sent another email. It seems like my cancellation did not go through I was able to log in again. Can you please look into this.Desired Settlement: I want my account cancelled and my money refunded. I went on their website to get proof they bilked my card.. they don't have anything listed, but I have my credit card statement that shows they took the money out of my account..

Business

Response:

This is unusual for eMusic, but this one was a result of a system error. We did process the refund and fully canceled their account. This is documented through case # [redacted] on our email system. This matter was resolved to the customer's satisfaction.

Review: Hi, I had a problem with emusic.com that gives you a trial period with some music credit to begin with and give me a total due of $0 for the first 14 days in their "emusic fan" subscription (based on their registration form). However, after I input my credit card and registered, they automatically charged me $31.99 a month on the first minute I register. I requested a refund on their email contact; however, they have what they called "Strict No Refund Policy to all members"Desired Settlement: Refund my $31.99 due to false advertisement.

Business

Response:

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 $25.00 spendable amount, good for the first 30 day billing period. This 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 refundable. Our records show that we did receive communication from [redacted] on October *, 2015. Our agent Jamie replied to the email on October *, 2015, providing the same information as above, including our no refund policy. We also offered to give [redacted] the next month of membership for free, but have not had any reply back. In the meantime [redacted]'s account under the email [redacted] is set to cancel and will expire on November *, 2015. As we see no wrongdoing in this matter, we respectfully consider the matter closed. We'd be happy to hear back from [redacted] through the email correspondence we've been awaiting a reply to.

Consumer

Response:

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,

Business

Response:

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.

Consumer

Response:

I have reviewed the response made by the business in reference to complaint ID [redacted], and find that this resolution is satisfactory to me and the matter has been resolved.

Sincerely,

Review: eMusic will not respond to multiple attempts over two months to contact them. The email address used for my billing on this account is now disabled. eMusic makes it impossible to get myself logged in without using that old no-existent email address. eMusic will not respond to email provided and eMusic makes it impossible to contact them via phone as they no longer offer phone support and refer the customer back to square one. eMusic keeps charging my bank account monthly for a service that I am not able to cancel without having my bank close my checking account.

This company is totally fraudulent in several respects. Many of the downloads that I attempted never actually downloaded to my music library. I have tried multiple times to resolve that problem also. How can this company not be viewed as a scam by the Revdex.com and Consumer Affairs as a scam? I insist on having my account canceled and would appreciate your help in doing so. I would also appreciate having the money that they keep steeling from me returned also if possible.

Please help, [redacted]Desired Settlement: I want may account cancled and a refund of funds for the last two months that I have attempted to contact them before giving up and contacting the Revdex.com. total $6.49= $6.49=$12.98 refund and cancel account.

Business

Response:

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 address. Our 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 replies. We're following up with the customer via our email now. We believe we will be able to resolve this matter to the customer's satisfaction.

Consumer

Response:

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]

Too late. I attempted multiple times to contact you via every avenue that I could figure out. Your customer service is non existant. Your music selection lacks diversity and I am beyond upset with your company. I hope that Revdex.com and Consumer Affairs take the steps needed to put you out of buisness. I demand my funds to be repkaced into my bank account and terminate my service now. [redacted] will also be in touch with you about this account, I have put a stop payment on this music account. You should be ashamed of yourself for stealing peoples money for this bogus service. I am done with y you. Thank you Revdex.com ffor assisting me with this matter.

In order for the Revdex.com to appropriately process your response, you MUST answer the question above.

Sincerely,

Business

Response:

We have replied to the customer's decision, through the email case we sent out (case #[redacted]), 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 address. However, 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.

Review: eMusic has deleted my online account, but has contunued to bill my credit card for $20.99 per month since October of 2015. I have emailed them about my login issues on their website, and I keep getting told that the problem has been referred to tech support. I have attempted to warn them not to continue billing my credit card, but they have continued to do so.Desired Settlement: To cease and desist any and all billing to my credit card, AND a refund of the monthly fees they have collected since my log-in issues began, in October.

Business

Response:

This looks to have been handled via a dispute. Our records show their account under the email [redacted] has been fully canceled and refunds were applied. We see four refunds of $20.99 each were applied. We respectfully consider this case closed.

Consumer

Response:

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 filed. I am still in need of refunds for November and December, since my last successful transaction on the site was October, 2015.

In order for the Revdex.com to appropriately process your response, you MUST answer the question above.

Sincerely,

Business

Response:

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.

Consumer

Response:

I have reviewed the response made by the business in reference to complaint ID [redacted], and find that this resolution is satisfactory to me and the matter has been resolved.

Sincerely,

Review: Received a music player for Christmas. Had a free trial to emusic to download music. Had to give credit card information, website said could cancel at any time. Had difficulty with website, did not realize credit card info went through, also ended up being deducted from my pay pal account. Unable to download any music, immediately cancelled the subscription. Now have an 11.99 deduction on my credit card (set to recurr monthly by emusic) and an 11.99 deduction from my pay pal account as well. Have emailed the emusic company now 7 times with no resoultion. Cancelled my credit card to avoid further charges from them. Looking to have to cancel my pay pal account now too.Desired Settlement: credit for the 11.99 to my credit card-the card is now cancelled

credit to my [redacted] account for the 11.99 charge

Business

Response:

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.

Review: Music files were purchased. Multiple devices were used to attempt to receive them. Emusic requires the download of their software to attain files. The rep I troubleshooted with had no comprehension of my trouble. He didn't acknowledge my issue but only kept repeating I had to empty my cache. He gave suggestions that were only generalities and were irrelevant to my concern. His name was Kurt and he was obviously not grasping how to assist me. When I requested a refund he offered no other resolution but copy and pasted their legal policies to me in an email. There are technical and professional issues with this business that are unethical and discourteous.Desired Settlement: I would like my purchased goods or a refund.

Business

Response:

We at eMusic replied to an email correspondence from [redacted]. We do see that our agent was not quite understanding the matter. We've explained it, as well as made an exception to our no refund policy for the $9.99 charge. We believe we've resolved the matter and this case can be closed.

Review: This company is a complete SCAM - BEWARE! If you sign up for the 14 day trial period, and attempt to cancel before the 14 days are up, there is no possible way to do it via their website. I have tried now for 4 months, and continue to be billed $11.99. I finally contacted my credit card company and had them put a block on this business so they can no longer bill me as there is no way to cancel. Please do not sign up for the supposed 14 day free trial unless you want to be scammed!Desired Settlement: I would like all and I mean ALL money refunded as my first attempt at cancelling my account was only 12 days into my free 14 day trial period.

Consumer

Response:

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

Business

Response:

We emailed [redacted] on February **, 2016 asking for more information regarding the account in question as we do not have any accounts associated with the email [redacted] We have not received any response from our email yet. We will need the customer to reply back to our email so we may try searching with other information. 1. Any other email addresses the customer may have used to register an eMusic account 2. The last 4 digits of the credit card that was last billed for an eMusic account 3 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 case. Otherwise, we can’t even begin to address a billing issue until we can review the account in question on our database.

Review: I signed up for the Emusic site specifically to download an audio book, The Painted House by John Grisham. However although I paid $11.99 for a membership and paid $9.99 for an audiobook membership I was unable to download the book. I sent Emusic an email within 24 hours of me joining the site informing them of the problem and requesting a refund. They responded back and told me I could not receive a refund because of the terms of service I agreed to.

I don't even know if that response is legal in the state of TX as I believe all contracts have at least a day revocation period.Desired Settlement: I would like a full refund of $21.98 I paid for services I DID NOT receive. I am sure they can see on their end that I did not access any content. Terms of service implies I received service which I did not how can they charge me for something and not deliver that product and then refuse to give me back my money?

Business

Response:

According to our records, [redacted] registered and activated an eMusic account under the email [redacted] 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 30 day billing cycle. All members attest to reading and agreeing to eMusic's terms of use prior to activating an eMusic account. Per section 6 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 [redacted] concerning the trouble they had downloading. However we tested the Audiobook they had trouble downloading, and we had no trouble at all with downloading. As a result, we believed that [redacted] did not complete their set up to download successfully. We 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. [redacted]'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 provider. Our 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 [redacted] did agree to prior to activating her account under the email [redacted]. We respectfully consider this matter closed.