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Orbitz Sharing Customer Credit Card Information
tstorm writes "ConsumerAffairs.com has a warning about Orbitz and their affiliation with a company called MWI. Apparently numerous people who have booked travel through Orbitz are finding unauthorized $9.95 monthly charges on their credit card bills from MWI for membership in a 'discount entertainment service,' despite that fact that MWI doesn't appear to provide any actual product or service. It's also very difficult to opt-out of this membership, some people have gotten refunds for what they were already charged only to have another charge appear the following month."
maybe it's because I
.. people think I'm some kind of dork for reading them all the time (which I am, of course :) but that's where they hide this bullshit. READ IT BEFORE CLICKING!
1) READ THE TERMS AND CONDITIONS
2) I use a one-time virtual number from Citibank. Not sure if this can thwart the scam but they seem to do the trick.
3) READ THE TERMS!
MWI have been doing this in conjunction with Harris Publishing (aka those idiots who call you up trying to sell you class reunion directories) for a long time. Just WONDERFUL to see Orbitz in bed with them.
7 November 2006: The day Americans realized corruption and incompetence weren't addressing 11 September 2001
Scary as it sounds, many courts have found that similar "browse-wrap" and "click wrap" conditions are valid contracts. So long as you have to affirmatively agree to the conditions, and either are presented with them, or giving the option to read them, they can be valid.
h orpe/
For some background on these types of contacts check out:
http://gsulaw.gsu.edu/lawand/papers/su03/darden_t
It's hard to tell from the consumer warning if that's the case here, of if they're just jerks and are overtly committing fraud.
Ryan Kennedy opposes comm
Here is the Orbitz response and the Better Business Bureau's take on the issue.
IMHO, Clicking 'yes' 2x and entering your e-mail address, while definitely interactive, is not sufficient enough process to allow sale of your CCard info. I'd prefer an e-mail/reply system, or something more explicit
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Orbitz Statement on Inaccurate Media Reports Regarding Memberworks (MWI) Connections
Chicago, IL, April 20, 2004---Orbitz has partnered with MemberWork's Connections program to offer customers increased savings opportunities at America's most popular retailers and restaurants. MemberWorks assures us that it follows National Best Marketing Practices that go far beyond its competitors in pro-consumer protections and the company maintains a "no questions asked" refund policy.
To ensure Orbitz's customers are aware they are signing up for a paid membership, they must enter their email address twice and click "yes" to enroll in the Connections program. Each step of the sign-up process includes disclosures about the program and how much and when the customer will be billed. Customers who change their minds about membership receive ongoing opportunities from Memberworks to cancel and request a full refund through its "no questions asked" policy.
"On April 27, 2001, the California Attorney General announced that MemberWorks and its affiliates had settled charges of misleading telemarketing practices. The sale of a 30-day free trail membership with a "negative option" cancellation resulted in complaints from consumers who were upset to find charges of $49 and $89 on their credit card accounts. Without admitting liability, MemberWorks agreed to pay $1.5 million in civil penalties and costs. The firm also agreed to change its' business practices and improve notice to purchasers."
MWI paid out 1.5 mil without admitting guilt -- hopefully they'll be hit hard enough to sink them this time.