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#16595 by oomg
Thu Aug 20, 2009 10:09 am
jm9496 wrote:unfortunatly ORC § 1349.61 is

(1) the value prepaid for international service falls under "electronic card, or other medium" as defined under Ohio law. It is a credit sorted in a medium exchangeable for services.

(2) it is not excluded as a calling card. There is no access number, access codes, or other key features that define the trademark components of calling cards other than the affiliation with a telephone company, nor is it called a "calling card used to make phone calls". It is called international credit. "credit" clarifies that this is analogous a store credit.

(3) while costco is unknowingly guilty of (A)(1), Ooma, Inc. is guilty of (A)(2) and liable.

(4) because money was exchanged for the device and credit (i.e it was purchased), it is not meet the definition of promotional program as excepted under (C)(2). (promotional programs are giveaways, like free burrito coupons chipolte gives away every once in a while)

(4.1) Note that this was purchased as a package. Ohio laws regulating the selling of items together, use of the word "free," etc. are collectively referred to as "the Ohio consumer fair sales practices act."


Unless you have case law to support you interpretation, you are only providing your interpretation. Likewise, I have only provided my interpretation. And, I'm sure we respectfully disagree. However, I am open to review any published opinion on the topic and may reconsider accordingly.
#16795 by mcbleu
Fri Aug 21, 2009 10:48 pm
in California , calling card have to have the expiration date (if any) clearly marked at the purchasing time.
"" Disclose all fees, add-ons, and surcharges in a clear and conspicuous manner....""
""...California's false advertising and unfair competition laws....""

I'm in california and the $50 International Calling Credit
shouldn't expire if they do;
contact ( and I will ) contact costco directly as they are the one giving the
$50 International Calling Credit.

The $50 International Calling Credit is the reason I bought ooma from costco and not another retailer

P.S. I'm so happy with ooma service that I don't care that much about the $50
#16908 by sclin
Sat Aug 22, 2009 5:18 pm
Ooma asked me to contact Costco, since it's their promotion they told me that they have nothing to do with it.

I contacted Costco and they refer the $50 credit back to Ooma, since they don't even know the expriation date and they have no control over how Ooma does their business. Costco have no problem giving my money back if I am not happy with it.

Both Ooma and Costco does not offer any help to reslove this issue. The buttom line is that both Ooma and Costco mislead customer and does not care even cusotmer complain period!
#16957 by oomg
Sun Aug 23, 2009 7:53 am
mcbleu wrote:in California , calling card have to have the expiration date (if any) clearly marked at the purchasing time.
"" Disclose all fees, add-ons, and surcharges in a clear and conspicuous manner....""
""...California's false advertising and unfair competition laws....""

I'm in california and the $50 International Calling Credit
shouldn't expire if they do;
contact ( and I will ) contact costco directly as they are the one giving the
$50 International Calling Credit.

The $50 International Calling Credit is the reason I bought ooma from costco and not another retailer

P.S. I'm so happy with ooma service that I don't care that much about the $50


For a good overview of California law, go to:
http://www.cpuc.ca.gov/PUC/aboutus/Divi ... ecards.htm

Once again, the definition of a prepaid calling card would appear to exclude the Costco promotion since the international credit is not being sold separately, but rather included as a promotional item.
#17151 by mikepa
Mon Aug 24, 2009 2:02 pm
I too was surprised to find the promised $50 credit expires after 90 days and am surprised Costo hasn't either taken Ooma to task or clarified the position on their web site.

Unless Ooma rectifies this before my minutes expire, my unit goes back to Costo and I either look for a cheaper Ooma unit (Hub only) elsewhere or I change to a service like Phone Power which offers similar capabilities albeit not for a one time purchase price like Ooma.

BTW, OOma's service isn't that good! After only a week my power supply blew. Ooma suggested I buy a new one at Home Depot! (Radio Shack maybe?) at my expense or they could send me a new one but it would take two weeks to arrive. When I asked if replacing a defective hub would take as long the agent said "yes". I did speak to a customer service director later who assured me it would not take that long to replace a bub.
#17220 by jm9496
Tue Aug 25, 2009 8:16 am
sclin wrote:Ooma asked me to contact Costco, since it's their promotion they told me that they have nothing to do with it.
...
Both Ooma and Costco does not offer any help to reslove this issue.


This is all just finger pointing until this issue ends up in court.
#17222 by oomg
Tue Aug 25, 2009 8:36 am
jm9496 wrote:
sclin wrote:Ooma asked me to contact Costco, since it's their promotion they told me that they have nothing to do with it.
...
Both Ooma and Costco does not offer any help to reslove this issue.


This is all just finger pointing until this issue ends up in court.


...and it is unlikely to have a binding authority until such time as an appellate court renders its opinion regarding the applicability of the statute. Don't forget, it is possible that different courts could render a different decision, even if the respective state law is similar or the same.
#17236 by mikepa
Tue Aug 25, 2009 12:54 pm
For all the bad will this is generating, I can't believe Ooma just doesn't say OK, we'll give people a year to use the credit. I believe even in a year many people will still not use the credit so it's not like the move would cost Ooma megabucks. To do nothing will cost them in returned hubs. Mine for one.

The fact stands now that to many places where Americans would call they would have to spend 30 minutes a day on international calls just to use up the $50 which is clearly stupid.
#17316 by oomg
Wed Aug 26, 2009 8:39 am
niknak wrote:
...This is all just finger pointing until this issue ends up in court...

I doubt a 50$ squabble will end up in court


This is the sort of thing that would generally be handled as a "class-action" suit. Attorneys bring suit... target agrees to change their policy... proposed settlement agreement which usually must be approved by court, provides for payment of attorney's fees and some token compensation to members of the class (e.g. a coupon that entitles airline travel at some nominal discount; or a coupon for $50 international calling credit which expires in 90 days). Quite often the
compensation to the individual consumer is meaningless.

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