• Petitioned Magic Jack, LP

This petition was delivered to:

Magic Jack, LP

Stop Terminating Accounts Without Justification

    1. Brent Cosner
    2. Petition by

      Brent Cosner

      Killeen, TX

As an active duty Army soldier stationed at Fort Hood, TX my wife and I purchased MagicJack Plus to lower our cell phone bill. Being stationed 2100 miles from our family we like to make regular calls home, and with a newborn baby we call for advice and to hear a friendly voice when the distance becomes to much to bear.After using MagicJack Plus for approximately 7 months, my account was unable to make calls. I contacted the company via "Live Help" and was informed my account was terminated due to violating the Terms of Service. After researching this issue its abundantly clear consumer fraud is happening at an alarming rate. I would like to see enough people dealing with this issue to become involved that a class action law suit could be initiated to stop this fraudulent company from stealing the money of hard working Americans.
Mid-conversation with MagicJack, LP I received this statement:
(note: the screen name of "Bent" was a typo on my part)

Joan: As I have checked it here Service Began: 02/27/2012 and License Expires: 09/07/2012
Bent: why did it expire?
Joan: Bent, may i ask how many call do you have or dialled in a day please?
Bent: my wife and use this phone to call ONLY our parents...two numbers
Bent: we purchased your service to keep our cell phone bill down
Joan: May I know how many times you dial a number in a day please?
Bent: 3-5 times a day at the MOST
Joan: One moment please...
Bent: ok
Joan: This account with the magicjack has been tagged to have violated the Terms of service,,
Joan: as per Terms of Service and Software License Agreement for magicJack, LP and YMAX Communications Corporation. http://www.magicjack.com/tos/
Joan: 6. Proper Use : f magicJack, LP and/or magicJack VocalTec Ltd., and/or YMax Communications Corporation sees excessive use, including but not limited to, a customer whose usage is twenty (20) times more than the average magicJack and/or magicJack Plus device or magicJack APP customer usage, or a customer who calls more than 50 different telephone numbers per day, or a customer who forwards calls from their magicJack and/or magicJack PLUS device and/or magicJack APP to a non-magicJack number for longer than a two week consecutive period, or systematic or intentional misuse, it reserves the right, in our sole discretion, to terminate your use of the magicJack and/or magicJack Plus device and/or Software and/or magicJack APP immediately, and you will not be entitled to get a refund of any licensing fee or any other fee you may have paid to us.
Joan: --- There is nothing you can do to reverse the action ---
Bent: Well if you are going to claim that I violated your terms of service I would like documentation that demonstrates that this in fact happened/
Bent: If you arbitrarily shut off my account with no evidence of any violation, then you are in breach of contract
Bent: I want to be provided proof of violation of the "excessive use" clause in your terms of service. If you cannot provide any such proof, then I insist that my account be reactivated.
Joan: Brent, our system has detected that this account has violated the terms of service of magicjack which is the #6. proper use
Bent: The terms of service have not been violated and you are not responding to my request for documentation.
Bent: Who is the company contact for service of legal process?
Bent: You are required to provide that information by law.
Joan: please click here
Bent: I have repeatedly asked you to provide me with documentation of your claims of violations of TOS, which you have refused to provide.
Joan: You may check on your my.magicjack.com account for your call lohs..
Bent: my call logs are not available on my account page
Joan: in there you may check how many calls you does i a day.. since we have seen or detected that you have violated the term sof service of magicjack.
Bent: I have read numerous complains that this is a common problem, is there any further information that you can provide to solve this problem?
Joan: --- Block for HU ---
Joan: This account with the magicjack has been tagged to have violated the Terms of service,,
Joan: as per Terms of Service and Software License Agreement for magicJack, LP and YMAX Communications Corporation. http://www.magicjack.com/tos/
Joan: 6. Proper Use : f magicJack, LP and/or magicJack VocalTec Ltd., and/or YMax Communications Corporation sees excessive use, including but not limited to, a customer whose usage is twenty (20) times more than the average magicJack and/or magicJack Plus device or magicJack APP customer usage, or a customer who calls more than 50 different telephone numbers per day, or a customer who forwards calls from their magicJack and/or magicJack PLUS device and/or magicJack APP to a non-magicJack number for longer than a two week consecutive period, or systematic or intentional misuse, it reserves the right, in our sole discretion, to terminate your use of the magicJack and/or magicJack Plus device and/or Software and/or magicJack APP immediately, and you will not be entitled to get a refund of any licensing fee or any other fee you may have paid to us.
Joan: --- There is nothing you can do to reverse the action ---
Joan: There is nothing you can do to reverse the action because you violated the Terms of service.

Recent signatures

    News

    1. Reached 10 signatures

    Supporters

    Reasons for signing

    • Loki V IRVINGTON, VA
      • almost 2 years ago

      YMax has advertised their system will connect all normal NANP POTS/PSTN calls. Instead, they block connections to rural exchanges, both residential and business, in places where some telcos under Federal law are allowed to charge what arguably are extortionate call termination fees years ago intended to fund telephone service in remote areas.

      Large telcos 'eat' those costs, which could in some cases be more than YMax charges for annual service. Their business model may not be workable as advertised, but they are guilty of civil if not criminal fraud, and should be prosecuted.

      Anyone who looks at consumer complaint sites quickly finds that YMax/Majic Jack has one of the most negative customer service reputations of any national US company, over 95% negative with thousands of reports.

      Also, how is the customer able to know what "20 times average use" is, if that's not specified in clear terms, and no warnings or limits for compliance are clearly stated? A contract term that's unknowable by one party is void for vagueness and invalid, with a coercion contract (as most TOS are) to be interpreted in favor of the less equal party.

      That leaves open the question of what actions are possible, via private litigation, state Attorney General fraud complaints, or FCC, to prosecute and fine YMax for excessive frauds, and require them to refund all customer payments with treble damages, plus some fines for criminal intent behind such massive frauds?

      If there's a usage cap, the customer should know what that means in terms of number of calls and length of calls or composite use BEFORE ever buying the product and service. Obviously YMax's lawyers know that, and are playing a knowingly illegal scam where they hope that no one is pissed off enough to organize serious legal penalties against them.

      REPORT THIS COMMENT:
    • April Pierce HARLEM, GA
      • almost 2 years ago

      The same thing happened to me. I think we should not just let them take our money & get away with it Scott free. After learning of so many victims, this is an outrage. & I refuse to let them charge my account for 1 year of service & disconnect me within a month. Let's do something about it!

      REPORT THIS COMMENT:
    • Violet Solis APO, AE
      • about 2 years ago

      Military family that purchased MJ to keep in touch with family. 90% of the time, doesn't not work, poor connection, etc. EXTREMELY poor customer service

      REPORT THIS COMMENT:
    • Nikki Curiale-Garrison LAKE HAVASU CITY, AZ
      • about 2 years ago

      I have a magic jack and if this happed to him, it can happen to me!

      REPORT THIS COMMENT:
    • Rosa Malloch FRANKLIN, NH
      • about 2 years ago

      On 2/13/12 I bought the Magic Jack service online with a year of service for $81.64. I also bought a second year of service at the same time of this purchase for an additional $35.53. I received my product and started using it on approximately 2/16/12. On 9/3/12 my service was deactivated so I contacted customer service via chat through magicjack.com (this is the only way to contact this company for help). The customer service rep that I spoke with could not give me an exact reason why my account was deactivated, except for " Proper Use : f magicJack, LP and/or magicJack VocalTec Ltd., and/or YMax Communications Corporation sees excessive use, including but not limited to, a customer whose usage is twenty (20) times more than the average magicJack and/or magicJack Plus device or magicJack APP customer usage, or a customer who calls more than 50 different telephone numbers per day, or a customer who forwards calls from their magicJack and/or magicJack PLUS device and/or magicJack APP to a non-magicJack number for longer than a two week consecutive period, or systematic or intentional misuse, it reserves the right, in our sole discretion, to terminate your use of the magicJack and/or magicJack Plus device and/or Software and/or magicJack APP immediately, and you will not be entitled to get a refund of any licensing fee or any other fee you may have paid to us." She could not tell me what exactly I did wrong to violate these terms. I know I did not forward my calls anywhere, nor did I call more than 50 different numbers in a day, so the only thing left is my total usage. If I used "twenty (20) times more than the average magicJack and/or magicJack Plus device or magicJack APP customer usage", I wanted to know my usage that they figured would qualify to terminate my account. She could not even tell me what the average magic jack customer usage is! I asked for a phone number to speak to someone to help me resolve the issue. She informed me that they do not have a phone number for customers and that they do all of their help via chat online. I asked if there was a manager or supervisor that I may speak to or chat with and I was informed that that would not be possible. I asked for a refund minus the time that I did use the product, and she told me they do not do refunds. My Issue ID for the chat was LTK554081489750X. The rep's name is Anna. I kept a copy of the chat in case you may want to see it. The phone number for this magic jack account is 207-***-****. I

      appreciate any help. I have 3 children and this is the only way that their schools have to contact me in an emergency. I relied on this product and it was pretty good while I had it. I just don't think it is right for them to take my money for a service and then cancel it without a full explanation. They can not tell me who made this decision or what they based their reasoning. I would also like to see proof of their records showing why my service was canceled.

      this is my chat with customer service:

      Please wait for a site operator to respond.

      You are now chatting with 'Anna'

      Your Issue ID for this chat is LTK554081489750X

      Anna: Hello, how may I help you?

      Scott Malloch: When I call my magic # I get a message that says that the # has not been assigned. When I pick up the phone I do get a dial tone, but cant make any calls

      Anna: May I have your mj phone number please?

      Scott Malloch: 207 385 0287

      Anna: Please wait while I check that for you

      Anna: Thank you for waiting Scott as we checked it here

      Anna: This account with the magicjack has been tagged to have violated the Terms of service,,

      Anna: as per Terms of Service and Software License Agreement for magicJack, LP and YMAX Communications Corporation. http://www.magicjack.com/tos/

      Anna: 6. Proper Use : f magicJack, LP and/or magicJack VocalTec Ltd., and/or YMax Communications Corporation sees excessive use, including but not limited to, a customer whose usage is twenty (20) times more than the average magicJack and/or magicJack Plus device or magicJack APP customer usage, or a customer who calls more than 50 different telephone numbers per day, or a customer who forwards calls from their magicJack and/or magicJack PLUS device and/or magicJack APP to a non-magicJack number for longer than a two week consecutive period, or systematic or intentional misuse, it reserves the right, in our sole discretion, to terminate your use of the magicJack and/or magicJack Plus device and/or Software and/or magicJack APP immediately, and you will not be entitled to get a refund of any licensing fee or any other fee you may have paid to us.

      Scott Malloch: I dont understand. I have not done anything wrong. I call my family and use it for my family and the childrens school to get ahold of me

      Anna: I cannot give you an exact reason because I do not have full access to your account but since you have vviolatedone of our terms of service your magicjack is been deactivated.

      Scott Malloch: is there anyone I can call or talk to so I can work this out? I have paid for 2 years on this and it has not even been 1 year yet

      Anna: Thank you for waiting. I'll be with you in just a moment.

      Scott Malloch: ok :)

      Anna: We only do chat support here in our end

      Anna: We use Tech Chat to better assist you. By using Tech Chat, we can send you instant upgrade links and run several diagnostic tests, that cannot be done over the telephone. We are also able to see where you are located, what OS and Internet browser you are using. Lastly we can see that your Internet connection is working too.This will provide the best Customer care experience and keep you most satisfied.

      Scott Malloch: so there is nothing I can do aboout this?

      Scott Malloch: or can I have my $ back minus the time I have used this. I dont see where I could have possibly violated these terms.

      Anna: There is nothing you can do to reverse the action because you violated the Terms of service.

      Scott Malloch: can you tell me how I voilated the terms?

      Anna: You have violated on of the terms of service from

      Scott Malloch: is there an email address for a manager or supervisor? I really need help here. I dont understand what I have done wrong

      Anna: a customer whose usage is twenty (20) times more than the average magicJack and/or magicJack Plus device or magicJack APP customer usage, or a customer who calls more than 50 different telephone numbers per day, or a customer who forwards calls from their magicJack and/or magicJack PLUS device and/or magicJack APP to a non-magicJack number for longer than a two week consecutive period, or systematic or intentional misuse

      Scott Malloch: but I didnt do any of this...what do I do now?

      Anna: There is nothing you can do to reverse the action

      Scott Malloch: ok, I will have to contact the AG office. This is a rip off. My service is discontinued without warning and I cant speak to anyone about what I supposedly did wrong. This is just not right.

      REPORT THIS COMMENT:

    Develop your own tools to win.

    Use the Change.org API to develop your own organizing tools. Find out how to get started.