Pit... pit... pit... Union Energy pit... pit... (long)

Back in August I get a call from a UE telemarketer trying to sell me their Comfort Protection Plan, which I take to be a form of insurance against furnace/air conditioner repair (I rent my water heater from UE. I own my furnace and A/C). At the cost of $16 a month I politely say I’m not interested. The telemarketer asks if they can send a brochure for my consideration. Sure, whatever, send it. G’bye.

I don’t specifically recall receiving the brochure - I’m sure I did, I just don’t remember it.

Anyhoo, a couple of days ago I receive my bill for this quarter. It was for $157.00 - about $100 more than usual. You’ve already guessed it - the extra is the accumulated premiums for my enrollment in the Comfort Protection Plan.

I’ll be damned if I’m going to just pay this thing (although I came close). I called UE.

Me: WTF? I didn’t sign up for this Plan. I’m not payin’
UE1: <Hard sell sales pitch.>
Me: Yeah, nice and all, but I don’t want it!
UE1: Fine, pay this, cancel, and you won’t be charged further.
Me: But I didn’t sign up for it. I do not intend to pay!
UE1: Um, didn’t you get our brochure? It says right on it if you don’t reply, that means you want it. Gotcha!
Me: Urlumph garbuyt! No! That’s not fair! I will not pay!
UE1: Hold please.
UE2: What seems to be the problem?
Me: ditto and ibid
UE2: Oh, no problem. Just pay the usual $60. All is well. Have a nice day.

I glean from the foregoing that this “assumed enrollment scheme” has built into it the following hoped for profits:

[ul]
[li] Enough people would simply have paid their bill without questioning, UE getting the benefit of a sale they didn’t earn[/li][li] Enough people who called to complain may have been pursuaded by the sales pitch - UE getting the benefit of a pre-sale they hadn’t yet earned.[/li][li] Enough people would call, complain, say “shove it” to the sales pitch, but pay the back premiums[/li][li] Only a few people will follow through to the second tier call centre and have all charges reversed[/li][li] Even if you allow the “fairness” of the above: during the time those of us were “enrolled” in the Plan, any who actually had problems with our furnace or A/C would have paid for repairs thereto, unawares we could file a claim!!![/li][/ul]

How can what I thought was a reputable company get away with this bullshit? No, strike that - I guess if it’s legal it’s fair game, right? :rolleyes:

But it’s also legal to pit the SOBs so here we go:

To the execs who approved this scheme:
May someone in your employ inadvertantly apply too much Amour-All to your overstuffed, overpriced executive chair, causing your fat ass to slide out of it, simultaneously 1) causing your face to approach the boardroom table on which you are counting your money, 2) causing you to gasp and thus inhale of of these ill-gotten $100 bills - said bill lodging in your esophagus, not killing you, but causing the scratch of irony to irritate your throat for months!

To the marketing genius who dreamed up this scheme:
May your children grow up and bilk you in your old age out of your savings because of some technicality in your will you neglected to account for, leaving you penniless in a home for the chronically machiavellian.

To UE1 and UE2, the phone jockeys I spoke to:
May an army of monster truck robots fail to hear your screams as they demolish the 1982 Ford Topaz you undoubtedly have parked in your driveways, then proceed to tear up your excuse of a front lawn, finally parking in your back yard to rust defiantly.

To the mailroom clerk of UE:
May you be blessed with the blessings of a thousand sunrises for delivering the letter of complaint I am mailing today - so the bastards will know it was I who unleased these fearsome curses upon their heads.

Two words: “Sue me.”

They’d get laughed out of court because they can’t enforce a contract that has no signature.

I’m sure they’re well aware of that, which is why the second person I talked to on the phone cancelled and reversed the charges without debate. In my mind that makes the scheme even more egregious! They know it’s wrong, but they’re counting on catching people anyways!

If you don’t follow up on this, then they just did.

Just checked out UE’s website. From the looks of it, you’re in ON. Didn’t they make negative-option billing illegal a few years ago after Rogers tried the same sort of silliness? I’m gonna have to look that up.

Yes, I am in Ontario. I too shall investigate whether such a law was passed.

It’s a lot more recent then I thought (just this past July), but still illegal.

A Layman’s Guide to the New Ontario Consumer Protection Act
“Negative Option billing is prohibited. The negative option billing occurs when a company charges for a new service automatically unless the consumer explicitly refuses it. For example, a lawn care company may leave a flyer in your mailbox stating that they will perform certain services for free one time and will continue to perform these services at a charge of $75.00 per instance if you do not call to cancel. This practice is now prohibited.”

Sweeping Legislation Creates New Rights For Consumers
“Negative-option billing, a practice where consumers were charged for goods or services they did not request, will not be allowed under the new law. Misleading estimates for home renovations and moving services will also be against the law, and maximum fines for offending individuals and corporations will double or more.”

Go get 'em, Nature’s Call. I just wanted to say that I liked your OP. Very creative.
“Chronically Machiavellian”? Brilliant!
“Monster Truck Robots rusting defiantly”? Fantastic!

Aguecheek, you beat me to it, but I found this too…

cite

Now let’s see if a case can be mounted, punative damages and all. Who knows, maybe Pitting Pays!

Score.

Give 'em one for me, too. Rogers and Allianz Insurance both bit me in the ass a few years ago with that. Messed up my credit for a while as a result.

I couldn’t confirm this at work when I typed the above, but I’m home now, looking at my bill: The extra $100, of course, is six months of $16. So if I had agreed, as suggested, to pay this bill, cancel, “and no further charges would be added” then I’d still be paying for three months after I had expressedly cancelled.

The conniving gurgleplexes!