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JimLawyer
JimLawyer, Solicitor
Category: Law
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Experience:  Senior Associate Solicitor
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Iv got a question regarding american consumer law, Im in

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Hi iv got a question regarding american consumer law
JA: What state are you in? And is a local attorney or other consumer protection advocate helping with this?
Customer: Im in London England, i've spoken to the citisen advice bureau and they've told me I need to speak to a lawyer
JA: What steps have you taken so far?
Customer: Non just calling you and contacting the company once
JA: Anything else you want the Lawyer to know before I connect you?
Customer: I'd like to know about fee's before I start
Customer: replied 7 days ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call.
Customer: replied 7 days ago.
Let me know if you need more information, or send me the service offer(s) so we can proceed.
Customer: replied 7 days ago.
HiSo I work for a music Licensing agency and I was told to register with PRSI accidentally registered with this company called PRO.When signing up I was asked to put in my card details and as there was no mention of payment I assumed it was for them to put money in my account once royalties had been collected.They continued to take 320 dollars from my account. I couldn’t see a way to contact and panicked called my bank and got the charge reversed.That was about 3 weeks ago and they’ve since upped it too 1,200 dollars with late fees. I tried to contact them and they sent me a threatening email say they’ll sue me.

Hi, this is Jim, thank you very much for the question - I will resolve this for you today.

You can tell them that as you are in the UK, and paid from the UK, you get a statutory 14 day cooling off period to cancel. Further, if they sued, it would be in a small claim - they will not get their solicitor's costs back as a result as in small claims legal costs are not recoverable unless in exceptional circumstances. You should tell them if they sue, you will robustly defend the claim. If there is no way to contact them, that in itself is indicative of a scam. They may be trying to scare you in to paying them $1,200. I would recommend you go back to them with the comments I have mentioned here, and the fact this dispute will be subject to UK law if they try to sue - meaning you have consumer rights and distance selling applies, so you can cancel within 14 days at no cost to you. If all else fails you can tell them under the doctrine of mistake (in contract law), you made an honest mistake which can render a contract void too - see what they say to that. I doubt they will take it further as they cannot recover solicitor's fees - they will need a UK solicitor to pursue you in a small claim and that will cost them probably the same if not more than the sum owed.

I hope this helps - please feel free to ask me anything else.

Have a good day,
Jim

Customer: replied 7 days ago.
Amazing Jim thanks so so much! I'v looked them up and they're a real company company and have been scaring people left right and centre and are currently suing Spotify. They've just sent me an invoice for about 150,00. Dollars. Iv sent them your response so we will see what happens
Customer: replied 7 days ago.
Sorry 150,000. Dollars

They do sound very adversarial and probably hoping you will pay. But $150K?. The court fee alone would be 5% of that sum of money. I can't see how they will win anyway, for the reasons I mentioned.

Customer: replied 7 days ago.
They've just sent me this "12. Governing Law
This Agreement is governed by Florida law. The Parties agree that the jurisdiction and venue of any legal proceedings, either Federal or State, shall take place in Collier
County, Florida."

OK, they need to use the US courts in that case - though that term in the contract is likely to be unfair as you are a consumer - do they have your postal address?

Customer: replied 7 days ago.
they do unfortunatly
Customer: replied 7 days ago.
Although I have just moved and that is my old address
Customer: replied 7 days ago.
They know the name of the company I work for and they have an office in LA

The US/UK legal jurisdiction is entirely separate. If they were to sue in the US, they have to register the judgment in the UK to enforce it. I recommend disputing their claim. If they have your former address then eventually the UK court would send you a copy of the court order but all this assumes they a) win and b) it is not a scam - my view is that they won't win based on what you say and also it does sound typical of a scam too.

Customer: replied 7 days ago.
It's not a scam although they are trying to scam me. It's a legitimate company. The 150,000 Dollar invoice is for a business licence which I did not sign up for and is registering me with The Elements Music as my company at my old address. Thats the company I work for and by all means is not my company
Customer: replied 7 days ago.
The stress is crazy.. I cant believe a company is alowed to do this i'm broke as it is lool

It sounds like harassment to me, like I say the "mistake" argument is a good one and is a reason to void a contract. Please come back to this site again if they try to progress this.

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