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I can't say about AFF or their practices since I've never used them, but to answer one of your questions - if you hire a lawyer, take them to court, and the court rules in your favor, then they are obligated to pay your legal expenses. However, the risk you'll lose (both lack of evidence and going against TOC) would not be worth it.
Maybe small claims would be better (again, against their TOC per you), but I don't know how it'd work across states. In California, you can NOT have a lawyer with you in small claims.
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