Possible scam? What should I do?

[detn8r]

Hey all, I’m in a predicament and was wondering if you all could try and help me out. I send an advertisement on TV for a “txt and win” challenge to win money by correctly answering questions via txt messaging on my cell phone. I “signed up” for it by txting a certain word to a number. I evidentially found out that it costs me $2.00 for every question they send me and $0.15 for every txt message I send them. They send 2 a week and 8 a month. I obviously think this is stupid and followed the instructions on their website on how to unsubscribe (txt certain word to number). They sent me back a message acknowledging that I successfully unsubscribed. But, I’m still receiving the txt messages and being charged for them. I called their phone number for their technical service and asked what was up. She apologized and said that it doesn’t happen often and that she was forwarding [something] to [someone] about the issue to correct it. She also told me to email [them] and give them my cell phone number. I gave it to her as well. I am not sure what the heck is up, but I’m very nervous about it.

Also according to their terms and conditions, “20. TextChallenge is not responsible for any technical error that may occur during the Trivia Game Subscription Service. This includes, but is not limited to, any omission, interruption, deletion, defect or delay in operation or transmission or failure of any telephone, mobile or satellite network.”
I don’t understand this. How are they saying they are not and will not be held responsible for their personal neglect in omission? And does my situation follow under an omission? Do you think before I send the email, that I should demand my money back that I was charged for? Are they going to tell me that it is an “oh well, sorry for your luck” situation?

Anyone help?

[PolarBearNPR]

Can you call your cell phone company and ask for a block to be put on because you feel you've been scammed?

They may also have other ideas, including reporting this "business" so there might be an alert put out on them.

Also, make copies of your communications saying when you discontinued service. If push comes to shove, you can use that to support your case. Also, seems like real laws should supercede the terms and conditions (I think they do) and you could check into this as well.

[detn8r]

I'm not sure if blocking the number would be of any service to me. Because apparently even my own cell company charges me for text messaging even if there is no reciepient. It's like an instant contract, even if I don't get the text message I'm still charged for it. And that is truly ridiculas!

Can Sarah say anything on any possible laws? hmm?

[detn8r]

I don't know what the hell is going on here. I called them back this afternoon because I got another SMS message for the contest.

According to another tech agent, I should only be charged the $2.00 if I REPLY to the question. I don't know what they are smoking over there, but it even says in their TOS "5. The cost of receiving a question from the trivia game service is CAD $2.00, including GST." Do they not know how to train their employees properly on a simple "learn the damned TOS before taking phone calls"???

Anyway, he told me he was sending off a notification to whom ever they do, and that I should get a call on my mobile phone tomorrow. I asked if I would be reimbursed for these SMS messages I was being sent after I cancelled to their contest, and he told me that I would be. We'll see.....

I'll keep you updated. But I also wanted to note, does anyone else find it fishy that the website (http://textandcash.com/) is being hosted in The Netherlands? Do you think they are pulling this sh!t off over seas as well?

[James1970]

Did a search on Google.ca for "textchallenge" and found your messages. I bought this phone from Fido and start receiving Q&A messages from this company the next day. I postponed to call Fido until I got fed up with the messages keep ringing everyday and I call Fido customer service, they told me the same thing reply a message "STOP" back to them and they will stop. My monthly bill comes 3 days ago and I were slapped with a 32 messages CAD$64 Holly M F ! @ xyz. Call Fido they said they can't do anything. Call the company 18666700126 the lady said since I cancelled thier 'service' I no longer in their fxing 'database'. I will need to send email to info@textchallenge.com to claim a refund. Send them email and just file a complain to crtc.ca see what they can do about this.

This is ridiculous. They must be making millions out of these scams. Sending message to new phone no owner and they can say - oh it's the 'previous' owner subscribed the 'service' and sorry you still have to pay and when you call for refund, oh you are not in our database anymore. These people should be jail, right now. I'll keep sending and sending and sending to CRTC.ca if they do not take any action.


James

[sarahtowny]

I had a look and their terms state the following:

7.The cost of receiving a question from the Trivia Game Subscription Service is CAD $2.00, including GST.

8.The Trivia Game Subscription Service consists of (8) eight questions per month (i.e. (2) two questions per week) which will be text messaged to your mobile telephone. You will receive one chance to win a prize for each question you answer correctly within the prescribed time limit (if any).

Which means you do get charged even if you have not replied to the text question.

They do not give details of a trading name, and even worse they do not provide a valid address only a post box address which you cannot sue in the event you wish to claim against them.

In the UK we do have The Office of Fair Trading and in situations like this I would contact them and give the details in order to find a solution, do you have the same sort of thing?

At the moment I think the best port of call is for you to ring your phone provider and you stipulate to them, that you have informed this company you wish to terminate the contract and they have not complied with your request. You should then inform your provider that any requests for payment from that number are not charged to your account.

[seren]

try to change networks this has happened to me before.........

[James1970]

Hi guys, I got call from CRTC.ca the next day and got the refund from Fido. According to CRTC unfortunately the answer is "Right now CRTC does not have regulation against these SMS company." But when CRTC call Fido or your cell provider they WILL give you a break. The trick is forget about talking to the CSR you normally talking on 611, they can't make the decision cause their limit is $10 credit. I talked to their "supervisor" and explain my case and concern about these type of company dirty scam, he gave the credit back to me even before I try explaining and he said he will take note and reflect it to the company, well at least I did my part.

BTW, no reply from the info@textchallenge.com email I'd sent.

[sarahtowny]

Originally Posted by James1970

Hi guys, I got call from CRTC.ca the next day and got the refund from Fido. According to CRTC unfortunately the answer is "Right now CRTC does not have regulation against these SMS company." But when CRTC call Fido or your cell provider they WILL give you a break. The trick is forget about talking to the CSR you normally talking on 611, they can't make the decision cause their limit is $10 credit. I talked to their "supervisor" and explain my case and concern about these type of company dirty scam, he gave the credit back to me even before I try explaining and he said he will take note and reflect it to the company, well at least I did my part.

BTW, no reply from the info@textchallenge.com email I'd sent.

Hey James thats wonderful news! Good for you

Thanks for letting us know. *reps up*

[ladybugev]

I have the exact same thing happening to me, from that same number. I have Rogers though and I seem to get a text from them every other day