New Coat Painting LLC

*** *** Hearing Healthcare Associates - Augusta ME agreed to the following terms governing billing; - A 12-month listing cycle from July **, of one year, that is billed in July **, of the next year; - Any request to
discontinue to take effect at the end of the ongoing listing cycle; We include the quality control recording and its transcription to show *** *** accepted those terms: * *** *** *** ** *** *** *** ***
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*** *** *** *** *** The publication *** *** accepted our terms, as shown by the audio conversation we are providing in attachment Follow the (or copy and paste in a browser) link *** to view the Advertiser Listing Page

Specific questions were asked and agreed to by *** *** to confirm the engagement as legally binding ** *** provided every required
authorization during that conversation and there were to be no other or further authorizations sought All material information was discussed and no information was misrepresented About the Consumer’s complaint 1. “This company began sending invoices based on a phone call with an employee that was not authorized to enter into any type of service agreement” (a) We as a vendor could do no more than to request to speak to someone in authority** *** confirmed being authorized: - Our agent asked and ** *** confirmed being authorized: - (00:52.4) “I just need to speak to the person that has authority over the business listings and who can make purchases as wellI’m not sure if you’re able to do that?” ** *** assured (00:59.1) “CertainlyYes, ma'am” (b) It is the responsibility of the employer to instruct their employees about their responsibilities ** *** entered the engagement confidently as the Director Of Operations Though of no consequence since we asked, it is difficult to believe that the Director Of Operations of French Quarter Inn - Charleston SC “was not authorized to enter into any type of service agreement” (c) Our program is forgiving as ** *** was explained the option to cancel during a full 30-days with no further costs or obligations - Our agent explained and ** *** understood our condition to cancel the service during the trial: - (02:49.5) “we’re not going to let you forget about the trial, because right away we’re going to e-mail links to view how your listing appears on GoogleAnd then we’re going to call at least once during the trial because our business office wants you to be reminded to cancel if you don’t want to keep the serviceIs that fair enough?” ** *** (03:12.3) “We don’t want to do any of that” - (03:17.0) “You don’t want any of the listings at all? It’s a 30-day trialand it can help the business” ** *** (03:28.4) “Oh, yeahThat’s very helpfulI just don’t want to have obviously anything out there that we would have to be cognizant of cancelling” - (03:38.8) “we will call you and you can cancel it right away yourself ...So in the e-mail that I send you … there will be a link and ...There’s a loginYou press Cancel a Trial Listing and that’s it” ** *** (03:54.3) “Okay” - (03:55.1) “That’s okay? So like I said, the e-mail has a link to cancel during the trialAnd it’s on generalyellowpages.comYou click on the login button, Cancel a Trial ListingYou put in the e-mail or the fax number that you gave me and click ConfirmSo is it clear how to cancel?” ** *** understood (04:08.8) “Yes” (d) Before the trial period ended on 6/**/2015, we did the following to afford ** *** every opportunity to cancel: The Proof Of Publishing of the Advertiser’s Listing Page was emailed on 05-**-at 1:to ***
The follrecording and its transcription where we called (06-**-2015) during the trial period is attached: - (01:25.50) “We spoke with you on the *** of May and you set up a day trial listing in the *** that ends on the *** of June ...we sent you out an email to *** ...Please call back toll-free at ###-###-#### the invoice for the service is only due if you keep the service after the trial. There is also an easy link to cancel in the email that we sent you or at ***” 2. “They have used abusive collection tactics and insist the phone call is a binding contract” We’re not sure what the complainant means by that statement Our collection efforts consist of sending monthly statements reflecting the engagement that was made by ** *** And courteously answering their inquiries when they call screaming and insulting our agents 3. The Publishing Service *** 4. The Purchaser The authorization was provided by *** ***, Director Of Operations of French Quarter Inn - Charleston SC 5. Proof of Authorization The quality control recording and its transcription where ** *** agreed to those terms on 05-**-is attached: 6. ** ***’s engagement - Our agent disclosed and ** *** agreed to our fees and contract terms past the trial period: - (04:09.5) “So today is May *** after the trial is over the service would be $per month on a 12-month contract that renews every year at the same rate until you discontinue” - Our agent asked and ** *** agreed to pay for the service after the trial: - (04:09.5) “...would you have your Accounting department pay for the service after the trial?” ** *** agreed (04:30.0) “Yes” - Our agent asked and ** *** disclosed their Accounts Payable billing convention: - (04:30.8) “do you want to use a purchase order number if you let the service go past the trial or no? I know not many people use purchase orders anymore” ** *** (04:38.6) “No, thank you” The Business Office

Revdex.com:At this time, I have not been contacted by General Yellow Pages regarding complaint ID ***.Sincerely,*** ***

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 response from the General Yellow Pages states that their agent “streamed *** ***’ explicit authorization to automatically renew the advertising service.” This statement is ambiguous and gives no explanation as to when this occurred or under what circumstances *** *** agreed to “automatically renew the advertising service.” Furthermore, *** *** *** *** contests this pointThe conversation that occurred between *** *** and the General Yellow Pages was the initial contact regarding a 30-day trial periodSince that initial contact in 2011, representatives of our office have attempted to terminate this advertising service via phone contact multiple timesBoth of the clauses below were copied and pasted directly from the General Yellow Pages website on July *, Upon review of the General Yellow Pages Terms of Use, the following clause was found: “Auto-Renewal Clause.The length of this contract is predicated on a months listing advertising, to be automatically renewed at the term of the cycle indefinitely until notice is provided to discontinue the automatic renewal prior to the next cyclePayments are collected for entire cycles and early termination is not allowedTo discontinue the automatic renewal clause, notice must me duly provided in writing and/or verbally as per our standard quality control verbal authentication processPlease note that any other attempts to discontinue, cancel, unsubscribe, or otherwise dissolve your contract either written or verbal with our company will be deemed unjustifiable and therefore declined.” “13.Cancelation.In accordance with the federal contractual previsions, and unless unlawful, Customer shall have three days to rescind from their commitments, authorizations, confirmation or orders from the date that said order was obtained whether in writing or verbally.Due to the nature of the service provided, the company shall provide the service to term as defined by contract, notwithstanding circumstances that are beyond it's control or area of influence and counters it's ability to provide said service to the term as contracteOn going services are not cancellable beyond the day rights of rescission, where due notice is provided or a requests made to discontinue, said notice shall take effect at the term of the current ongoing advertising cycle.” There is no mention in the Auto-Renewal Clause or Cancellation Clause, of the need to complete a Request to Discontinue form to terminate serviceIn fact, according to the Auto-Renewal Clause above it is possible to discontinue service verbally, something that *** *** *** *** has sought to do for the past yearsAfter paying our respective balance in and and verbally requesting to terminate service both years upon receipt of those payments in August of and October of 2014, we now find our company in a similar situation where we have been billed for services that we no longer wish to receiveAccording to these clauses our verbal request to cancel this subscription should have been honored. We at *** *** *** *** understand “due process” as mentioned in the response from the General Yellow Pages response sent on July *, We do not however agree that the Due Process of cancelling this service has ever been explained or afforded to us since until recently we have never been told of the need to fill out a Request to Discontinue formWe have, however, verbally requested to terminate the service during phone calls in both and 2014.Additionally, there is no intent of defamationWe are simply giving a recount of our experience with the General Yellow PagesWhile the General Yellow Pages refers to links sent in our response on 7/*/as “generic links and publications”, we see these links as substantialOne of the publications is written by an employee who has been with the *** for years and holds the role of *** ** *** ***The other link has been published by an Attorney General, an official of the state and public advocateBoth of these publications and a number of complaints filed on the Revdex.com website tell of similar experiences to those that we at *** *** *** *** have experienced with the General Yellow PagesBelow, is the Revdex.com link associated with the General Yellow Pages where those stories can be found:http://www.Revdex.com.org/new-york-city/business-reviews/advertising-direc...⇄ thank the Revdex.com for their mediation in this matter and seek to terminate our relationship with this companyWe do not feel that we be held responsible for paying the remaining balance of 1,based on the fact that we have attempted to terminate this service multiple times in the pastAccording to the Terms of Use provided above, verbal request to discontinue service is sufficient and there is not mention of the need to fill out a Request to Discontinue form
In order for the Revdex.com to appropriately process your response, you MUST answer the question above.Sincerely,*** ***

*** *** *** *** agreed to the following terms governing billing; - A 12-month listing cycle from November **, of one year, that is billed in November *** of the next year; - Any request to discontinue to take
effect at the end of the ongoing listing cycle; We include the quality control recording and its transcription to show MsThomas accepted those terms: * *** *** *** *** *** *** *** ***
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*** *** *** *** *** *** The publication *** *** accepted our terms, as shown by the audio conversation we are providing in attachment Follow the (or copy and paste in a browser) link *** to view the Advertiser Listing Page

Revdex.com:At this time, I have not been contacted by General Yellow Pages regarding complaint ID ***.Sincerely,*** ***

Revdex.com:At this time, I have not been contacted by General Yellow Pages regarding complaint ID ***.Sincerely,*** ***

The purchase was made by *** *** on May *, We don’t know what the complainant is referencing in There is no reference to any *** *** We take exception to the complainant’s suggestion that “transcript can be manipulatedWhere is the real recording of conversation” We find the stories presented by the complainant to avoid honoring the purchase to be farfetched

About the Consumer’s complaint 1. “The call was unsolicited and used deceptive practices intended to sell our company services that we did not want or need” Our agent offered a 30-day trial period that would default to a contract if the option to cancel was not taken and ** *** was explained the condition to cancel** *** could have cancelled the service in the initial sales call or at any point during the 30-day trial but did not - Our agent explained our condition; to cancel the service during the trial: - (*** *** *** *** *** ** ** *** *** ** *** ** *** *** ** *** *** *** *** * *** *** *** *** ** ***
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Before the trial period ended on 7/**/2013, we sent ** *** the following communications as opportunities to cancel: - The 30-Day Trial certificate- The 3-Day Reminder The complainant accused our firm of “deceptive practices” but did not cite any part of the documentation that we provided to support accusation 2. “No effort was made to confirm the authorization of the person who answered the phone with the clear intent to confuse a low level employee” We as a vendor could do no more than to ask: - Our agent asked and ** *** confirmed being authorized: - *** *** *** *** *** *** *** *** *** ***
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Again, it is the responsibility of the employer to instruct their employees about their responsibilities** *** entered DLG Engineering into the engagement as the Office Manager 3. “No mention of a recording was made which is against the law” Both Florida and Federal requirements governing recording conversations foresees that only party needs to be aware of the recording 4. “No mention of cost or trial period was discussed” - (00:12.7) *** *** *** *** *** *** *** * *** *** Costs were disclosed in writing and ** *** still could have canceled - The 30-Day Trial certificate- The 3-Day Reminder 5. “The person clearly stated that they would let the deceptive agent know who would be responsible for payment however NO SUCH FOLLOW UP COMMUNICATION EVER OCCURED as to who would be responsible for payment” The gratuitous personal attack towards our agent is uncalled forThere is no deceitThis all rhetoric and semantics by the complainant seeking to avoid responsibility Who would issue the payment from the company after it was authorized by ** *** was of no consequence at the time 6. “The person answering the phone can be clearly heard to be uninterested and dismissive in her responses as to the services being offered in an unsolicited manner” We will refrain from interpreting the meaning or implications of the tone of voice of ** *** 7. “No email/call/letter or attempt to contact the ownership was ever made once services were not being paid, allowing the deceptive company to keep accumulating charges, late fees and interest to a company that was not able to defend itself or cancel the deceptive subscription” We send monthly invoice statements to *** showing the updated balanceWe have an archive of all these communications 8. “No mention of the monthly service was ever made which allowed a $per month fee to turn into a $invoice” Before the trial period ended on 7/**/2013, we sent ** *** the following communications as opportunities to cancel: - The 30-Day Trial certificate- The 3-Day Reminder 9. “No attempt was made to cancel the services once payment was not received for the many months that the services was supposedly in force” Beyond the 30-day trial period, advertising services are only cancellable with a signed Request to Discontinue form When DLG Engineering initially disputed the charges, we explained to them the engagement made by ** ***We also sent a Request to Discontinue in September of that would end the engagement but no one at DLG Engineering returned the form 10. “No update, log in or modification was ever made to the ad proving that our company was never aware of any agreement or services being provided” We have not received any requests from DLG Engineering to modify the ad and we will not interpret the reason behind this We send monthly invoice statements to *** showing the updated balance The Publishing Service *** The Purchaser The authorization was provided by *** ***, Office Manager of DLG Engineering Proof of Authorization The quality control recording and its transcription where ** *** agreed to those terms on 06-**-is attached: The Business Office

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

The law in Florida is clear about requiring consent of all parties to a recording and contradicts what they are saying: In twelve states, no person may record a private communication without the consent of every party to that communication. Thus, no surreptitious recording is allowed (with exceptions for law enforcement officials who have obtained warrants to make such recordings). The states with these laws are California, Connecticut, Florida, Illinois, Maryland, Massachusetts, Michigan, Montana, Nevada, New Hampshire, Pennsylvania, and Washington. Eleven states require the consent of every party to a phone call or conversation in order to make the recording lawful. These "two-party consent" laws have been adopted in California, Connecticut, Florida, Illinois, Maryland, Massachusetts, Montana, New Hampshire, Pennsylvania and Washington. Refer to Florida Statute section 934.02 for the definition of “oral communication.” See also [redacted]  No mention of a default to contract was made during the conversation. Moreover, there reliance on a document ( the 30 day reminder) of which  there is no proof of it being sent to either the alleged "agent' or a person.  In fact, the email address ([redacted]) that they allege to have sent the invoices to and presumably the 30 day trial period is not the employees email address and in fact is an un-monitored address used only for the setup of our website and is not a functional email address. Not using the word contract or cancelation in the conversation is misleading. Using the words trial period and expiration would reasonably lead the employee to believe that there was no obligation or further action required to end the service. In order for there to be an agreement there must be an offer (clear and unequivocal) and an acceptance. the offer must include the material terms and conditions. it is clear that these are absent from in this recording.      Furthermore the person that answered the call clearly was not aware of the agreement they were deceived into considering which is a requirement under the law to enter into an agreement. There was never a question posed as to whether the person that answered the phone was authorized to enter into a legal agreement on behalf of the company.  What was instead posed was a leading, deceptive, confusing and intimidating statement designed to deceive and elicit a response of authority from the person on the other line… “Of course you are authorized to make decisions regarding your company’s business listings…”  Furthermore, having the authority to make decisions regarding a business listing (content, etc.), as the statement is posed, does not constitute having the authority to enter into a legal agreement.  
 
 
 
 
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 General Yellow Pages regarding complaint ID [redacted].Sincerely,[redacted]

Specific questions were asked and agreed to by [redacted] to confirm the engagement as legally binding.   [redacted] provided every required authorization during that conversation and there were to be no other or further authorizations sought.   All material information was...

discussed and no information was misrepresented   Proof of Authorization   The quality control recording and its transcription where [redacted] agreed to those terms on 09-**-2016 is attached:   About the Consumer’s complaint   1.     “The company spoke with our receptionist and asked to verify business address information”   The authorization was provided by [redacted], [redacted] -       Our agent asked and [redacted] confirmed being authorized: *       [redacted]
[redacted]
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[redacted]   2.     “ she figured we had an online listing and verified the information”   Our agent described the offer to [redacted] as follows:   -       ([redacted]
[redacted]
*       [redacted]
[redacted]
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  3.     “The general yellow pages rep said that it is free listing with no consequence and one that we had for years”   The financial aspect of the offer was clearly established in section 2 of our response and again in section 7 describing the specific engagements made by [redacted].   4.     “They... say they have a recording of us saying yes to the listing. When in fact it the receptionists verifying that the business address information was correct. not to enroll in anything”   The audio recording and documentation does not agree with the complainant’s claims.   5.     “a confirmation will be emailed regarding the free listing. We never received a confirmation”   The Proof Of Publishing of the Advertiser’s Listing Page was emailed on 09-**-2016 at 10:54 to [redacted]   6.     The Publishing Service   [redacted]   7.     [redacted]’s engagement   -       Our agent explained and [redacted] understood our condition to cancel the service during the trial: -       [redacted]
[redacted] -       Our agent disclosed and [redacted] agreed to our fees and contract terms past the trial period: -       [redacted]   -       Our agent asked and [redacted] agreed to pay for the service: -        (1[redacted]
[redacted] -       Our agent asked and [redacted] disclosed their Accounts Payable billing convention: -       [redacted]
[redacted]   The complainant admits to having been provided the proof of authorization prior to the formulation of the complaint on hand. The blatant mischaracterization and misinterpretation of the proof that was provided establishes that the complainant formulated their complaint in bad faith.   The Business Office.

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

While I understand their position, I made every effort, including assistance from my attorney (please see letter attached dated 9/**/14), to resolve this matter.  There was no communication with my attorney as requested in the attached letter.  Instead, I continued to receive invoices/bills and incredulous interest rates attached with no ability to communicate with this entity. This business that [redacted] was employed by when she was unauthorized to make any such financial decisions whatsoever, no longer exists at this point.   
 
 
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 General Yellow Pages regarding complaint ID [redacted].Sincerely,[redacted]

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

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

Revdex.com:At this time, I have not been contacted by General Yellow Pages regarding complaint ID [redacted].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: Thank you for follow up regarding this matter. While we appreciate the General Yellow Pages response to this complain, we do not find it satisfactory. The General Yellow Pages alleges that our company owner, [redacted], verbally agreed to their services in 2012. We, however, have no recollection nor documentation of this agreement. The Terms of Use that the General Yellow Pages references was never sent to our company nor agreed to on our behalf. Each year, we have received an invoice from the General Yellow Pages and disputed the charges and service itself. We have agreed to pay off the balance solely as a means to terminate our relationship with this company, and have come to the verbal agreement each year that upon receipt of this payment our service would be cancelled. There has never been mention of a Terms of Use document nor a Request to Discontinue form until this year. We have been under the understanding that the verbal agreement promised to us would terminate this service and relationship. This year, upon receipt of a collection notice from [redacted], we once again decided to dispute this service. We left a message on the General Yellow Pages voicemail which was never returned. At this point we decided to call again and left another voicemail. When I was finally able to contact a representative from the General Yellow Pages we spoke about our account history and wanting to discontinue service. The representative sent me a printout of our history and I requested to be sent the Request to Discontinue form. This form had never been mentioned in our previous conversations with this company. He assured me that he had sent the Request to Discontinue form to the email that I had provided. When I returned to my computer a few moments later, I had not received the form. I decided to call the company back to inquire further about the status of the form. I spoke with a different account representative, David (employee #[redacted]), who once again began to go into my account history and cover the same information that I had already covered with the previous gentlemen. When I tried to let him know that I was simply interested in the Request to Discontinue form, he interrupted me and continued with the account information. After some dialogue, I once again requested the Request to Discontinue form. David said that he did not have the power to send the aforementioned form. This directly contradicted what I had been previously told just moments earlier by a different account representative. It seemed strange since he said that it would come from the same email address that had just sent me the Account History form. It did not make sense that the email address [redacted] was able to send me the Account History at one moment, but needed 48 hours to send the Request to Discontinue form. David informed me that the Support Team would send me the form within 48 hours.  When David began to speak to me in a very unprofessional manner, I asked to speak directly to the Support Department to expedite the process. David informed me that I was not able to speak with a Support Team representative and continued with his unprofessional demeanor. He assured me that I would receive the form within 48 hours. This was Thursday, June **.The next week I received the same account history statement that I had previously received from the [redacted] . I replied with an email asking for the Request to Discontinue form. A short while later, it was sent to me from the same email address. The notice alleges that [redacted] must pay a balance of $1249.35 in order to complete the Request to Discontinue form and terminate service. The form was faxed back to the General Yellow Pages and a Revdex.com complaint was filed. We have filed this complaint because we have been verbally promised that upon past payments, our service would be terminated. We have also at no point received nor agreed the Terms of Use. When conducting an internet search of "General Yellow Pages" the following links appeared, also concerning us:[redacted]These articles and sites are substantiated by the Revdex.com itself and Attorney Generals from a number of states. Furthermore, when searching "General Yellow Pages" on the Revdex.com website, we found that this company has 222 registered complaints registered through the Revdex.com. These complaints begin in 2012, when our issues with this company began, and extend through present day. The link to these complaints can be found below:http://www.Revdex.com.org/new-york-city/business-reviews/advertising-direc...⇄ is disputing these charges and filing this complaint as a result of numerous requests to discontinue this service. Similarly, since the inception of this service, we were not sent nor did we agree to the Terms of Use. We thank the Revdex.com for taking the time to review and mediate this case. Sincerely,[redacted]