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Riding the Autorenewal Express

By Ed Foster, Section The Gripelog
Posted on Tue May 06, 2008 at 01:00:58 AM PDT

Do credit card companies protect their customers from online services that automatically renew annual subscriptions without clear notice, or do they collude with vendors to keep the transaction fees flowing? As autorenewals by security software vendors and others become increasingly common, we need to know whose side our financial institutions are on.


Credit card companies are coming under increased scrutiny for unfair and deceptive practices these days, so it's a good time to look at the role they play in autorenewal situations. And some very pertinent questions in that regard were raised by readers in response to my recent story about automatic renewal of Spyware Doctor subscriptions. In that case, the reader was told by an American Express representative that automatic renewals of all kinds of subscriptions are now the "norm" and thus not open to dispute even if the customer didn't get proper notice during the original transaction.

Some readers thought it was to be expected that the credit card companies would want a piece of the autorenewal action. "The vendors, in collusion with the credit card companies, are making this the 'norm' because it's profitable for both of them," wrote one reader. "Obviously, the vendor gets a sale and the CC company gets their profit from the transaction. Neither of them has any motivation to curb this sleazy activity. Personally, I believe that every single charge should require explicit approval by the cardholder or at least require that the cardholder actually place an order. The exception to this would be if the cardholder signed a document indicating clearly that they are aware of recurring charges and approve said activity. Under no circumstance should it be a EULA or fine-print issue."

And a number of readers thought the attitude the Spyware Doctor customer encountered at American Express was typical. "I would be pretty outraged, too, if someone took it upon themselves to renew software without me knowing it," wrote another reader. "Contacting Amex would be my first recourse, as well. But Amex is the king of autorenewals! Every year they send out all sorts of 'free' offers -- their yearly planner, in particular, and all sorts of luggage insurance -- that automatically renew come year two... which is stated in a 4-pt disclaimer at the bottom of the offer, if you take the time to read it with an electron microscope."

But others readers were surprised that American Express specifically would behave that way. "Forget the software vendor," wrote one. "The fact that American Express would consider the charge valid just because the product is 'renewable' is a far bigger problem. I've always viewed Amex as the gold standard for customer service regarding bogus charges. I thus find this story very disturbing."

Also disturbing were several stories that indicated that changing one's card number doesn't necessarily eliminate autorenewals. "I thought I could take a shortcut with Amex and report my card lost and have them issue a new one," wrote another reader. "I thought doing this would automatically cancel all renewals. I also had an issue with a family member who had once used my card for an iTunes purchase and was continuing to use it -- my fault. I was told by Amex customer service that reporting the card lost would guarantee that it could not be used again for autorenewals or iTunes; once the new card arrived I could set things up afresh. Well, guess what -- that's not true. The renewals and other purchases kept happening. I called Amex and spoke with someone higher up. How is that vendors had access to the new number? Well, it turns out that the account still existed -- the only thing that had changed were the last four digits. Any vendor who has had access to the account in the past may continue to bill it. Reporting the card lost does zilch."

And it's not just American Express customers who've discovered that. "My experience was like yours," wrote another reader in response. "A charge was posted to a closed account (strike 1) and when called on the carpet Citi removed the charge (ball 1). They could not explain why such a charge was allowed (strike 2). Not willing to have a strike 3, I placed Citibank on my lifetime ban list."

But can any credit card company really be expected to stand up for the customer in an autorenewal situation, particularly if the vendor can legitimately say that there was a notice somewhere deep in the sneakwrap terms at the time of the original purchase? We can all see that it wouldn't be easy for the charge dispute reps to wade into those waters, so it's hard to say. However, I did succeed in getting some clarification from American Express about its autorenewal policies.

"Of course, it is always on a case-by-case basis, but in an instance where you've subscribed to a service that does have autorenewal and that information is made clear to the consumer, then there's really nothing for us to go to the merchant with," an American Express spokesperson told me. "If, for example, you just forgot to cancel before the renewal took place, there's no point. But if the card member says they were not notified that there would be autorenewal, or if they believe they did cancel in time, we could certainly start that the dispute resolution process. Of course, starting that process doesn't mean that it will work out to the customer's satisfaction, but if we find it was fraudulent or the customer was not notified of the autorenewal, we will take the appropriate steps."

The American Express spokesperson is also looking into the questions of what happens when the account number or the expiration date has changed, but had no answers about that as of press time. So at least for the time being, I don't think it would be fair to single out American Express as a particular sinner in this regard. But the bigger issue of whose side any of the credit card companies are on when vendors hide their autorenewal policies and practices remains.

And I think the question really comes down to what is proper notice - is hiding an automatic renewal clause somewhere deep in the fine print that nobody reads sufficient? Perhaps it is too much to expect American Express or any other credit card company to investigate whether the autorenewal really was made clear during the original purchase. But if the financial institutions that are supposed to serve us won't be our last line of defense against unfair autorenewals, who will be?

< Comcast Gets Nominated for Worst ToS | Apple Leaves Hawaiian Investor in the Cold >


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Riding the Autorenewal Express | 8 comments (8 topical) | Post A Comment
gift cards[ Reply to This ] (none / 0) (#1)
by Anonymous User on Tue May 06, 2008 at 10:34:27 AM PDT

I use gift cards for all such transactions. When it comes time for auto-renewal, that account is empty.

There are problems though. Information that is typically required such as name, billing address, and expiration date simply don't apply. So far, I have been successful at simply making up the expiration date; it's unclear if that would ever be a problem.

[ Reply to This ]


Autorenewal work around[ Reply to This ] (none / 0) (#2)
by Anonymous User on Tue May 06, 2008 at 01:14:49 PM PDT

For years I purchase software only in shrink wrapped packages or downloaded from Newegg.com. In fact buying from Newegg turned out to be cheaper than the autorenew offers that appear after close to one year after installation. I then uninstall the "old" version and reinstall the "new" one. This keeps me current and avoids autorenewals. From what I've read it is less hassle than fighting with a software firm and credit card company over an unwanted autorenewal.

[ Reply to This ]


I fully agree[ Parent | Reply to This ] (none / 0) (#4)
by LasVegan on Wed May 07, 2008 at 07:43:34 AM PDT

I always buy such stuff in a box. They don't have any info to do an autorenewal with. They also have no incentive to give autorenewal customers a good deal, they have that sale already. A customer in a B&M store, though, looks like a new one and will likely get good deals.

[ Parent | Reply to This ]


American Express and Itunes[ Reply to This ] (none / 0) (#3)
by Anonymous User on Tue May 06, 2008 at 02:15:36 PM PDT

I am the person who posted the earlier comment about Itunes continuing to bill my American Express card even after I had cancelled it. An AmEx account remains active unless you actually close the account, which is what I had to do in this case. As I revisit it, this Itunes/Amex experience is even worse than the autorenewals, because these were NEW PURCHASES made against a cancelled card, not an auto-renewal.

[ Reply to This ]


AMEX is the least desirable credit card possible[ Reply to This ] (none / 0) (#5)
by Anonymous User on Wed May 07, 2008 at 12:23:35 PM PDT

Hi:

Some years ago, when I was a consultant working and traveling professionally, my wife signed us up for an AMEX card, believing their "no credit limit" ads.

I used a company MC for work-related travel, and while working 60 hours a week I did damned little travel for recreation.

When the last big contract ended, we went to FL to stay with my parents, planning to be there for several weeks. As a result of being on vacation, my "spending patterns" changed. I had a discussion with an arrogant AMEX representative not long after we arrived in FL.

He asked for my bank account numbers, and I told him he must be joking! As a compromise, I referred him to my broker, who could reassure him that we could afford to pay our card bills in full after we returned home.

One fun thing we did was charter a sailing yacht in the Virgin Islands for a week. With everything included in one fee, it was a reasonable vacation trip, with my wife, my Dad, and me.

When we arrived at the hotel on St. Thomas the night before the cruise started, my AMEX card was dead! That sleazy monster had talked to my broker, and then closed the card down!

Fortunately we had plenty of other resources, and enjoyed the trip just fine. When we returned to the US, I called AMEX and raised hell, and closed our account, after demanding to know the current balance so I could pay in full and shut them down.

I sent along a check for several hundred dollars, along with a hot letter to the VP who eventually got the assignment of calming us down.

Imagine my anger when I got an AMEX bill the next month! They had taken the first $80 or $100 of the final payment in full and applied it to their annual fee! Then they had to gall to add late payment charges to the bill!!!

I wouldn't do business with American Express if they were giving away shares of Berkshire-Hathaway for a dollar! Their "no credit limit" guarantee is used to deny you credit long before any other CC company would even ask about your ability to repay.

They treated my father in a similar shoddy way just as he and Mom left for a round-the-world cruise on the QEII, and wanted him to pay late fees for a card he didn't even take possession of for months of cruising!?



[ Reply to This ]


one idea[ Reply to This ] (none / 0) (#6)
by Anonymous User on Wed May 07, 2008 at 01:12:40 PM PDT

I doubt the credit agencies will like this, but I put it out there anyway. The credit card companies should be required to keep as part of your card history/file a statement of acceptance signed/acknowledge by you for every autorenewal or automatic debit vendor. In other words, one statement on file for each vendor you do business with that autorenews or auto-debits your account. That way it's clear to everybody if the transactions were approved by you up front or not and it's easier for the credit agencies to investigate unauthorized transactions. No statement on file for that vendor - reverse transaction and slap vendor.

[ Reply to This ]


Silly suggestion...[ Parent | Reply to This ] (none / 0) (#7)
by Anonymous User on Thu May 08, 2008 at 06:49:40 AM PDT

That's a silly suggestion. It's so reasonable that there's no way it will ever happen; not on this side of flaming hell, anyway. :P

[ Parent | Reply to This ]


Stop The Scumbags In Their Tracks[ Reply to This ] (none / 0) (#8)
by Big Al C on Thu May 08, 2008 at 02:06:13 PM PDT

You can nip these problems in the bud by ALWAYS using "One Use Credit Cards" for ANY online transaction. Remember, once they have your CC number, they can do MUCH damage that can take forever to straighten out. BUT, with the "One Use", once THAT transaction is done, the card is DEAD. Just make sure you don't use the "One Use" for stuff you legitimately WANT to renew. CitiBank is one vendor who offer it here: https://www.citibank.com/us/cards/vanpromo/cmc_pop/index2.htm?ProspectID=27EA56BDB5F248FE996A8CA3CEB 11D5A

[ Reply to This ]


Riding the Autorenewal Express | 8 comments (8 topical) | Post A Comment
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