Ripped off by Earth Class Mail

[jgombos]

What is the name of your state (only U.S. law)? WA, OR

Earth Class Mail ("ECM") receives postal mail for their customers, they scan it, and put it online. They state that accounts cannot be used until they first receive a notarized consent form. After signing up for a 1 year contract, ECM immediately starts the contract term on the day of signup, not the day the account becomes usable.

When I discovered that they started the contract before the notarized form came into play, so I chose to hold-off on sending the form, and told them that I wanted the full year of service that I signed up for - from the date they receive the forms that make the account usable. I asked them to honor the 1 year agreement, or cancel my account. They chose to cancel the account.

The user agreement states that mail will be returned to the sender if it arrives before ECM has the notarized consent. So it's clear in the documentation that service doesn't begin until the consent.

ECM has a nonrefundable startup fee. It states on their website that the "money back guarantee" does not allow for a refund of the setup fee - and they have refused to refund the setup fee, pointing to that policy.

Did ECM violate the contract?

Does the money back policy apply on a breach of contract?

 

[Mass_Shyster]

What is the name of your state (only U.S. law)? WA, OR

Earth Class Mail ("ECM") receives postal mail for their customers, they scan it, and put it online. They state that accounts cannot be used until they first receive a notarized consent form. After signing up for a 1 year contract, ECM immediately starts the contract term on the day of signup, not the day the account becomes usable.

When I discovered that they started the contract before the notarized form came into play, so I chose to hold-off on sending the form, and told them that I wanted the full year of service that I signed up for - from the date they receive the forms that make the account usable. I asked them to honor the 1 year agreement, or cancel my account. They chose to cancel the account.

The user agreement states that mail will be returned to the sender if it arrives before ECM has the notarized consent. So it's clear in the documentation that service doesn't begin until the consent.

ECM has a nonrefundable startup fee. It states on their website that the "money back guarantee" does not allow for a refund of the setup fee - and they have refused to refund the setup fee, pointing to that policy.

Did ECM violate the contract?

Does the money back policy apply on a breach of contract?

I haven't read the contract, nor do I intend to.

My guess is you breached the contract by failing to meet the conditions (sending the form)

 

[Zigner]

I haven't read the contract, nor do I intend to.

My guess is you breached the contract by failing to meet the conditions (sending the form)

Cosign....

 

[jgombos]

My guess is you breached the contract by failing to meet the conditions (sending the form)

The agreement does not set a deadline for sending the notarized form. I discovered the scam 2 weeks into the contract, and ECM terminated the account about 3 weeks after signup. Does the law impose some timeframe on consent submissions?

 

[Zigner]

The agreement does not set a deadline for sending the notarized form. I discovered the scam 2 weeks into the contract, and ECM terminated the account about 3 weeks after signup. Does the law impose some timeframe on consent submissions?

All of the information was in the agreement at User Agreement | Earth Class Mail

4. Term and Termination. The Initial Term will be as you elect during the online subscription process or as otherwise mutually agreed upon in a separate agreement, commencing on the date you agree to pay for the Services by completing the online subscription form, or on the start date of the separate agreement. Upon the expiration of the Initial Term, this Agreement will automatically renew for successive renewal terms equal in duration to the Initial Term (or one year, if the Initial Term is greater than one year) at Earth Class Mail's then-current fees for the Services package you ordered at the start of the Initial Term. Notwithstanding the foregoing, we may terminate this Agreement in our sole discretion.

5. Earth Class Mail and Related Services.

5.1. Making Earth Class Mail Corp. Your Designated Agent for Mail. "Mail" means letters and flats, packages (which include parcels), regardless of the nature of the carrier or delivery mechanism. You must complete United States Postal Service ("USPS") Form 1583 per its and our instructions, at www.earthclassmail.com/redirecting-mail, in order for us to provide any of the Services. Failure to deliver to us a properly completed USPS Form 1583 or any other required information will result in any Mail sent prematurely to us being charged standard induction fees and stamped "Return to Sender".