Major Drama: ePassporte Locked My Account and I am Just About to Sue (pic) - GoFuckYourself.com

minusonebit · 08-02-2006, 06:42 PM

So I was talking to my sig sponsor who used to have my siggy booked before the deal we had expired and he was offline (connectivity problems, apparently), he wanted to renew but they locked his ePassporte account so he is trying to get that straightened out so he can renew.

So just for the hell of it, I decided to sign into my ePassporte account and see if it was open, and son of a bitch, it was locked too.

Here is what I see:

The reason given is for "suspicious activity". Well guess what? Thats pretty fucking hard, since there hasnt been any activity on it for quite some time. It has been "open" for at least a month since the last activity on the account.

This has gone on for long enough. If my account is not unlocked within the next three working days, I am going to file a lawsuit. Not for missing funds, because there was nothing in there (thank god) but for unfair and deceptive trade practices. I paid for an Electron card with the reasonable expectation that I would be able to use it so long as I kept my account open and funds therein. I cant do that without the account being open. I will argue that this pattern that ePassporte seems to be developing of opening accounts, waiting for people to sign up and buy an electron card and then closing the accounts amounts to a scheme to defraud.

This case is winable and I am so not kidding. Get your fucking heads out of your asses and fix this. Now.

WarChild · 08-02-2006, 06:44 PM

No you're not going to sue, you're just going to cry on GFY about it instead.

pocketkangaroo · 08-02-2006, 06:45 PM

Quote:

Originally Posted by WarChild

No you're not going to sue, you're just going to cry on GFY about it instead.

Agreed.

clickhappy · 08-02-2006, 06:45 PM

whats KK Post?

minusonebit · 08-02-2006, 06:47 PM

Quote:

Originally Posted by WarChild

No you're not going to sue, you're just going to cry on GFY about it instead.

That would be an incorrect assumption. Out of the thousands of legal threats that are made on here in the course of a year, mine are the ones that result in summons. Trust me on this one.

Rui · 08-02-2006, 06:50 PM

Like WarChild said...

Anyway just looking at your signature shows how serious you must be about starting a lawsuit agaisn't ePass...

Doctor Dre · 08-02-2006, 06:52 PM

I have a hard time beleiving that you'll suel ol

WarChild · 08-02-2006, 06:58 PM

Quote:

Originally Posted by minusonebit

That would be an incorrect assumption. Out of the thousands of legal threats that are made on here in the course of a year, mine are the ones that result in summons. Trust me on this one.

Did you carefully read the Terms of Service when you created your epassporte account? Did you agree to them? I'd bet there's something in there that covers them being able to suspend your account while they investigate fraud. Kind of hard to sue after agreeing.

woj · 08-02-2006, 07:00 PM

They aren't a US company, so you couldn't sue even if you wanted to :-/

minusonebit · 08-02-2006, 07:10 PM

Quote:

Originally Posted by woj

They aren't a US company, so you couldn't sue even if you wanted to :-/

They claim to maintain marketing offices in the United States and Canada. They are a US company even if they are not incorporated here if thats true. Regardless, they have a presence here. Anywhere a business has a precense and conducts business, they can be sued. And I can always go to Visa and garnish thier income.

I have sued spammers from Mexico and won (by default, of course). Never could collect because I couldnt find any assets of thiers here here. But that wont be a problem for ePassporte, I know right where thier assets are.

minusonebit · 08-02-2006, 07:21 PM

Quote:

Originally Posted by WarChild

Did you carefully read the Terms of Service when you created your epassporte account? Did you agree to them? I'd bet there's something in there that covers them being able to suspend your account while they investigate fraud. Kind of hard to sue after agreeing.

I'm sure there is too. In order to claim protection under thier terms of service, they would have to:

1). Establish that there was actually an investigation taking place that involved my account (because I'd argue that there was no such investigation) and:

2). Establish that they closed/locked the account for that reason and not the desire to retain my fees while depriving me the services I have paid for.

A company's terms of service does not override consumer protection laws. There is gobs of caselaw on the books to this end. Many people seem to take the stance that if you agree to a TOS, then everything in it is applicable. Not so. The only thing that matters is what holds up in Court.

Bro Media - BANNED FOR LIFE · 08-02-2006, 07:23 PM

stick it to em

WarChild · 08-02-2006, 07:24 PM

Quote:

Originally Posted by minusonebit

I'm sure there is too. In order to claim protection under thier terms of service, they would have to:

1). Establish that there was actually an investigation taking place that involved my account (because I'd argue that there was no such investigation) and:

2). Establish that they closed/locked the account for that reason and not the desire to retain my fees while depriving me the services I have paid for.

A company's terms of service does not override consumer protection laws. There is gobs of caselaw on the books to this end. Many people seem to take the stance that if you agree to a TOS, then everything in it is applicable. Not so. The only thing that matters is what holds up in Court.

Have you taken any steps to mitigate damages? Emailed or called epassporte? If you do, they will unlock your account, and release your funds. You even admitted you decided to check your account, so you weren't even put out by having your card denied.

Jon Clark - BANNED FOR LIFE · 08-02-2006, 07:38 PM

epass sucks! bottom line, I have never opened an account with them and I never will!

They are worse then fucking Paypal!

stickyfingerz · 08-02-2006, 07:40 PM

Its due to the country the funds originated from. That country is on the ban list.

Jarmusch · 08-02-2006, 07:46 PM

You can't have an ePass drama thread without this guy:

Barefootsies · 08-02-2006, 07:47 PM

Quote:

Originally Posted by WarChild

No you're not going to sue, you're just going to cry on GFY about it instead.

NoWhErE · 08-02-2006, 07:56 PM

When are you going to sue? Lets set a date here

p1mpdogg · 08-02-2006, 07:59 PM

more epass crap.

these guys are the next ibill. mark my words.

minusonebit · 08-02-2006, 08:10 PM

Quote:

Originally Posted by NoWhErE

When are you going to sue? Lets set a date here

As soon as they dont fix it and I have the time to do the papers up and file them.

Quote:

Originally Posted by stickyfingerzdotnet

Its due to the country the funds originated from. That country is on the ban list.

What funds? There has been no deposits to my account for some time.

Quote:

Originally Posted by WarChild

Have you taken any steps to mitigate damages? Emailed or called epassporte? If you do, they will unlock your account, and release your funds. You even admitted you decided to check your account, so you weren't even put out by having your card denied.

I'm arguing that allowing me to open an account and soliciating me to do so, then taking the money and closing the account under the guise of some fictional "fraud investigation" is a unfair and deceptive trade practice under Michigan and/or federal law. There are no funds in the acct at the moment and havent been for a month or so. I'm not arguing that they stole funds from the account or caused me a loss by not allowing me to use the card.

There is no risk to mitigate. But thats a good arguement from the defense standpoint to try. Every insurance adjust has always given it a try or three.

WarChild · 08-02-2006, 08:13 PM

Quote:

Originally Posted by minusonebit

I'm arguing that allowing me to open an account and soliciating me to do so, then taking the money and closing the account under the guise of some fictional "fraud investigation" is a unfair and deceptive trade practice under Michigan and/or federal law. There are no funds in the acct at the moment and havent been for a month or so. I'm not arguing that they stole funds from the account or caused me a loss by not allowing me to use the card.

There is no risk to mitigate. But thats a good arguement from the defense standpoint to try. Every insurance adjust has always given it a try or three.

But it sounds like your account is suspended, not closed. A phonecall to epassporte will most likely right the situation.

Michael O · 08-03-2006, 01:48 AM

When an account is suspended a phone call or a email to [email protected] or myself will normally solve the situation.

Since you have threatened with legal action I have been told I can't get involved.

gooddomains · 08-03-2006, 01:52 AM

why can't you guys not simple contact epassporte and have it resolved instead creating fake drama threads

studiocritic · 08-03-2006, 01:52 AM

Quote:

Originally Posted by Keyser Soze

When an account is suspended a phone call or a email to [email protected] or myself will normally solve the situation.

Since you have threatened with legal action I have been told I can't get involved.

Keyser, you are an outstanding rep.. why don't you take advantage of the great reputation you've built at ePassporte and go work for another company? One whom won't put you in the line of fire with their shady practices?

studiocritic · 08-03-2006, 01:58 AM

Where can I find a copy of the ePassporte Terms/Conditions/Agreement that I agreed to upon signing up?

Mr. Soul · 08-03-2006, 01:59 AM

The writting was on the table the minute epassport seperated from Epoch. I wouldn't touch them with a ten foot poll.

Good luck getting this resolved. I hope you are actually serious about suing.

Mr. Soul · 08-03-2006, 02:00 AM

Quote:

Originally Posted by Keyser Soze

When an account is suspended a phone call or a email to [email protected] or myself will normally solve the situation.

Since you have threatened with legal action I have been told I can't get involved.

Wouldn't it be easier just to not suspend accouts that do nothing wrong in the first place?

Nefarius · 08-03-2006, 02:02 AM

I would sue them.

pocketkangaroo · 08-03-2006, 02:06 AM

What exactly are you going to sue for? $39.95 or whatever those virtual cards cost. Come on, even if it went to court they could come up with any number of reasons why the account was suspended. If they felt fraud was involved, they have every right to protect themselves against it. Regardless of whether there was money in the account or not, there could be a number of reasons why an account would get suspended (prior transactions, banned countries, lack of activity, etc). This case might get you some threads on GFY, but it wouldn't even make it to a trial.

mOrrI · 08-03-2006, 02:08 AM

Quote:

Originally Posted by WarChild

No you're not going to sue, you're just going to cry on GFY about it instead.

That's a good one...

DamageX · 08-03-2006, 02:09 AM

Quote:

Originally Posted by Mr. Soul

Wouldn't it be easier just to not suspend accouts that do nothing wrong in the first place?

And deprive us of all this fun?

DamageX · 08-03-2006, 02:11 AM

Quote:

Originally Posted by pocketkangaroo

What exactly are you going to sue for? $39.95 or whatever those virtual cards cost. Come on, even if it went to court they could come up with any number of reasons why the account was suspended. If they felt fraud was involved, they have every right to protect themselves against it. Regardless of whether there was money in the account or not, there could be a number of reasons why an account would get suspended (prior transactions, banned countries, lack of activity, etc). This case might get you some threads on GFY, but it wouldn't even make it to a trial.

Show me a BANK that does this. Epassporte may not be a bank, but to its customers it sure wants to come across as one. Bottom line, they're keeping and transacting money, banking license or not.

OG LennyT · 08-03-2006, 02:13 AM

Quote:

Originally Posted by minusonebit

Anywhere a business has a precense and conducts business, they can be sued. And I can always go to Visa and garnish thier income.

ePassporte, I know right where thier assets are.

fuckin joker

even if you had a case (you dont btw) it is a bad idea to spill the beans and give the details of your impending lawsuit.

what a clown

pocketkangaroo · 08-03-2006, 02:14 AM

Quote:

Originally Posted by DamageX

Show me a BANK that does this. Epassporte may not be a bank, but to its customers it sure wants to come across as one. Bottom line, they're keeping and transacting money, banking license or not.

They weren't keeping any of his money though. He had zero funds in his account. Essentially he is suing for breach of contract for not fufilling his service of the Virtual card. It would be like me suing American Express because they temporarily suspended my card because they thought there might be some fraudulent activity on it (which they will do almost anytime you charge shit outside of the norm).

studiocritic · 08-03-2006, 02:14 AM

i just did quite a bit of digging and cant even find a single physical address for epassporte in the US anyways.. good luck serving them

pocketkangaroo · 08-03-2006, 02:15 AM

And in a civil suit, you have to prove damages. What damages did you actually incur by not being able to login to your ePassporte account for a day?

studiocritic · 08-03-2006, 02:20 AM

Quote:

Originally Posted by pocketkangaroo

And in a civil suit, you have to prove damages. What damages did you actually incur by not being able to login to your ePassporte account for a day?

I'm not a lawyer:

If he had a balance in the account, they have committed the tort of conversion. He said he didn't, so I doubt he has a case. They don't have a legal requirement to provide him with a certain level of service, so if the service is unavailable to him for whatever reason, he doesn't have any recourse.

Proving that they committed fraud (as he alleged) would require him proving that they intended to get him to sign up for the card, then they would suspend his account. That's a joke, how much does a card cost - like $30?

As much as I enjoy flaming ePassporte because they are a shitbox of a company, there is nothing to see here. If he sued them, he'd be asking for a countersuit. And if I were them, I'd deliver.

Crazy Carlos · 08-03-2006, 02:23 AM

Quote:

Originally Posted by Keyser Soze

When an account is suspended a phone call or a email to [email protected] or myself will normally solve the situation.

Since you have threatened with legal action I have been told I can't get involved.

as far as i know it takes quite some time for epass to open an account again. it is not like you make it sound. You can or email and your account is open yet. They just tell you that they are looking into the matter, so that doesn't help.

Big bullshit to write something like what you write.

flashfire · 08-03-2006, 02:32 AM

one question:
is your account verified? did you send them id, cc statements ect.

Nicky · 08-03-2006, 06:12 AM

Quote:

Originally Posted by flashfire

one question:
is your account verified? did you send them id, cc statements ect.

Ofcourse he hasnt

DEA - banned for life · 08-03-2006, 07:07 AM

will you your lawyer be working pro bono? if not your fucked ROFL

wjxxx · 08-03-2006, 07:14 AM

I think you have serious mental problems

sherie · 08-03-2006, 08:33 AM

OH gawd LMFAO

johnny o · 08-03-2006, 08:37 AM

best of luck to you. let us know how it works for you.

spazlabz · 08-03-2006, 08:46 AM

Quote:

Originally Posted by minusonebit

There is gobs of caselaw on the books to this end.

that sentence just made me laugh! 'Gobs of caselaw'

spaz

minusonebit · 08-03-2006, 03:31 PM

Quote:

Originally Posted by gooddomains

why can't you guys not simple contact epassporte and have it resolved instead creating fake drama threads

Because when I contact them, here is the kind of bullshit answers I get:

(17:04:22) KK: Hey, why the hell is my account suspended?
(17:05:39) Epass: Your account have been terminated please contact [email protected] for further questions, please CC me [email protected] and I will make sure you get an answer asap.
(17:06:26) KK: Why dont you give me a straight forward answer?
(17:06:56) Epass: Cause I don't know.
When I asked about it I was told your account were terminated and you need to contact Account Verification if you had any questions.
(17:07:41) KK: This is really special. You people suck.
(17:08:18) KK: Why dont you ask someone who knows about the situation and tell me? I am in no mood to play games sending e-mails back and forth to the "appeals department" like is done with PayPal.
(17:09:29) Epass: I have been told you need to contact [email protected] since they won't tell me, I can say whats the problem is.
I asked you to CC me so I can make sure you get an answer quickly.
(17:09:51) KK: They wont tell you, huh?
(17:09:57) KK: What a load of crap.
(17:10:12) KK: You do still work there, dont you?
(17:10:30) Epass: Yes I do.
(17:11:00) KK: So then why is it that you dont have access to any information?
(17:12:17) Epass: I don't have access to the system since I work remotely.
I just do what I am being told and I was told you needed to contact [email protected]
(17:13:22) KK: You obviously have someone who handles you at the main office, that you go to when you have questions or need access to something, right? Why not ask them?
(17:13:57) Epass: I did.
I asked why your account were blocked then they told me you needed to contact [email protected]
(17:15:10) KK: Fine. You all want to dick around with this. Give me your boss's phone number.
(17:15:26) KK: He might not listen to you, but he wont be able to help but listen to me.
(17:17:36) Epass: I don't have one.
Like I said I was told you needed to email [email protected] they are the ones that decided to close your account.
The owner of the company is [email protected] and if you email me anything you want me to forward please do so.
(17:24:06) KK: Yes, let him know: that legal action I mentioned. Its coming.
(17:24:14) Epass: ok
(17:25:00) KK: I have had it with you people. Its a shame I am not an attorney. I can only represent my intrests in Court. But if I were admitted to the bar, I would bring this as a class action.

Anyone remember [email protected]? Same damn thing.

minusonebit · 08-03-2006, 03:35 PM

Quote:

Originally Posted by dvd316

fuckin joker

even if you had a case (you dont btw) it is a bad idea to spill the beans and give the details of your impending lawsuit.

what a clown

I argue cases based on facts and the law. They are going to find out exactly what my arguements are when I file the Complaint anyway. I dont need the element of surprise to win.

Quote:

Originally Posted by DEA

will you your lawyer be working pro bono? if not your fucked ROFL

In most cases, this one will be no exception, I do my own lawyering. So the only thing I'll be out is some toner, paper, filing fees and a process server fee.

Quote:

Originally Posted by wjxxx

I think you have serious mental problems

Thanks for sharing your opinion. You can

pocketkangaroo · 08-03-2006, 03:50 PM

What damages are you suing for? Typically a civil suit has to have some damages to you.

Alphonso · 08-03-2006, 04:37 PM

Quote:

Originally Posted by Keyser Soze

When an account is suspended a phone call or a email to [email protected] or myself will normally solve the situation.

Since you have threatened with legal action I have been told I can't get involved.

what he's trying to say is :

minusonebit

minusonebit · 08-03-2006, 04:38 PM

Quote:

Originally Posted by pocketkangaroo

What damages are you suing for? Typically a civil suit has to have some damages to you.

The consumer protections allow for stutory damages, IIRCC. Plus, the "damages" are the $39 or whatever it is I paid for the card that is now a worthless chunk of plastic.

08-02-2006, 06:42 PM	#1
minusonebit So Fucking Banned Join Date: Feb 2006 Location: [email protected] Posts: 7,391	Major Drama: ePassporte Locked My Account and I am Just About to Sue (pic) So I was talking to my sig sponsor who used to have my siggy booked before the deal we had expired and he was offline (connectivity problems, apparently), he wanted to renew but they locked his ePassporte account so he is trying to get that straightened out so he can renew. So just for the hell of it, I decided to sign into my ePassporte account and see if it was open, and son of a bitch, it was locked too. Here is what I see: The reason given is for "suspicious activity". Well guess what? Thats pretty fucking hard, since there hasnt been any activity on it for quite some time. It has been "open" for at least a month since the last activity on the account. This has gone on for long enough. If my account is not unlocked within the next three working days, I am going to file a lawsuit. Not for missing funds, because there was nothing in there (thank god) but for unfair and deceptive trade practices. I paid for an Electron card with the reasonable expectation that I would be able to use it so long as I kept my account open and funds therein. I cant do that without the account being open. I will argue that this pattern that ePassporte seems to be developing of opening accounts, waiting for people to sign up and buy an electron card and then closing the accounts amounts to a scheme to defraud. This case is winable and I am so not kidding. Get your fucking heads out of your asses and fix this. Now.

08-02-2006, 06:44 PM	#2
WarChild Let slip the dogs of war. Industry Role: Join Date: Jan 2003 Location: Bermuda Posts: 17,263	No you're not going to sue, you're just going to cry on GFY about it instead. __________________ .

08-02-2006, 07:00 PM	#9
woj <&(©¿©)&> Industry Role: Join Date: Jul 2002 Location: Chicago Posts: 47,882	They aren't a US company, so you couldn't sue even if you wanted to :-/ __________________ Custom Software Development, email: woj#at#wojfun#.#com to discuss details or skype: wojl2000 or gchat: wojfun or telegram: wojl2000 Affiliate program tools: Hosted Galleries Manager Banner Manager Video Manager Wordpress Affiliate Plugin Pic/Movie of the Day Fansign Generator Zip Manager

08-02-2006, 07:56 PM	#18
NoWhErE Too lazy to set a custom title Industry Role: Join Date: Sep 2005 Location: Canada Posts: 10,347	When are you going to sue? Lets set a date here __________________ skype: lordofthecameltoe

08-02-2006, 07:59 PM	#19
p1mpdogg Too lazy to set a custom title Join Date: Nov 2002 Posts: 16,714	more epass crap. these guys are the next ibill. mark my words. __________________ A fast fortune is easy to earn! Just go with a winner!

08-02-2006, 06:45 PM	#4
clickhappy Confirmed User Industry Role: Join Date: Mar 2004 Posts: 4,027	whats KK Post?

08-02-2006, 06:50 PM	#6
Rui web Join Date: Dec 2001 Location: On icq: 85-483-060 Posts: 9,533	Like WarChild said... Anyway just looking at your signature shows how serious you must be about starting a lawsuit agaisn't ePass...

08-02-2006, 07:23 PM	#12
Bro Media - BANNED FOR LIFE MOBILE PORN: IMOBILEPORN Join Date: Jan 2004 Location: Tinseltown NL Posts: 16,502	stick it to em

08-02-2006, 07:38 PM	#14
Jon Clark - BANNED FOR LIFE North Coast Pimp Join Date: Dec 2005 Location: 304-534-757 Posts: 9,395	epass sucks! bottom line, I have never opened an account with them and I never will! They are worse then fucking Paypal!

08-02-2006, 07:40 PM	#15
stickyfingerz Doin fine Industry Role: Join Date: Oct 2005 Posts: 24,983	Its due to the country the funds originated from. That country is on the ban list.

08-02-2006, 07:46 PM	#16
Jarmusch Industry Role: Join Date: May 2003 Posts: 12,464	You can't have an ePass drama thread without this guy:

08-03-2006, 01:48 AM	#22
Michael O More Cowbell Industry Role: Join Date: Jul 2001 Location: Nakhom Nowhere Posts: 10,607	When an account is suspended a phone call or a email to [email protected] or myself will normally solve the situation. Since you have threatened with legal action I have been told I can't get involved. __________________ Truth Teller

08-03-2006, 01:52 AM	#23
gooddomains Too lazy to set a custom title Join Date: Jul 2003 Location: Netherlands Posts: 10,127	why can't you guys not simple contact epassporte and have it resolved instead creating fake drama threads

08-03-2006, 01:58 AM	#25
studiocritic Confirmed User Join Date: Jun 2005 Location: Irvine, CA Posts: 2,442	Where can I find a copy of the ePassporte Terms/Conditions/Agreement that I agreed to upon signing up? __________________ 254342256

08-03-2006, 01:59 AM	#26
Mr. Soul Confirmed User Join Date: Jul 2005 Location: Manhattan Posts: 1,633	The writting was on the table the minute epassport seperated from Epoch. I wouldn't touch them with a ten foot poll. Good luck getting this resolved. I hope you are actually serious about suing.

08-03-2006, 02:02 AM	#28
Nefarius So Fucking Banned Join Date: Aug 2006 Posts: 18	I would sue them.

08-03-2006, 02:06 AM	#29
pocketkangaroo Confirmed User Join Date: Jan 2005 Location: Chicago, IL Posts: 8,452	What exactly are you going to sue for? $39.95 or whatever those virtual cards cost. Come on, even if it went to court they could come up with any number of reasons why the account was suspended. If they felt fraud was involved, they have every right to protect themselves against it. Regardless of whether there was money in the account or not, there could be a number of reasons why an account would get suspended (prior transactions, banned countries, lack of activity, etc). This case might get you some threads on GFY, but it wouldn't even make it to a trial.

08-03-2006, 02:14 AM	#35
studiocritic Confirmed User Join Date: Jun 2005 Location: Irvine, CA Posts: 2,442	i just did quite a bit of digging and cant even find a single physical address for epassporte in the US anyways.. good luck serving them __________________ 254342256

08-03-2006, 02:15 AM	#36
pocketkangaroo Confirmed User Join Date: Jan 2005 Location: Chicago, IL Posts: 8,452	And in a civil suit, you have to prove damages. What damages did you actually incur by not being able to login to your ePassporte account for a day?

08-03-2006, 02:32 AM	#39
flashfire ICQ 1 6 7 8 5 3 4 9 2 Join Date: Feb 2003 Posts: 13,098	one question: is your account verified? did you send them id, cc statements ect.

08-03-2006, 07:07 AM	#41
DEA - banned for life V.I.P. Join Date: Nov 2004 Location: InYour Head Posts: 7,886	will you your lawyer be working pro bono? if not your fucked ROFL

08-03-2006, 07:14 AM	#42
wjxxx So Fucking Banned Join Date: Feb 2005 Posts: 4,448	I think you have serious mental problems

08-03-2006, 08:33 AM	#43
sherie Confirmed User Join Date: Feb 2002 Posts: 7,020	OH gawd LMFAO __________________ AIM sherierocks ICQ 127-296-286 Skype traffichor

08-03-2006, 08:37 AM	#44
johnny o Confirmed User Industry Role: Join Date: Jul 2006 Location: los angeles Posts: 825	best of luck to you. let us know how it works for you. __________________ http://candydreams.com info[at]candydreams[dot]com

08-03-2006, 03:50 PM	#48
pocketkangaroo Confirmed User Join Date: Jan 2005 Location: Chicago, IL Posts: 8,452	What damages are you suing for? Typically a civil suit has to have some damages to you.