Motive Cancelled

I think you misunderstand the meaning of the word "consumer". You are referencing CA law, then saying "all states" are in it. I don't care to read what "all states" definition of consumer are, but you are free to, if you wish. I would, if I were you, take advantage of the binding arbitration on Motive. It puts potentially all the expense of the action on them, not you. You may have to pay approximately $0 of any filing or other fees, whereas if you file in court, you will pay the filing fee, service, etc. According to the AAA, you don't even have to have an attorney to represent you in arbitration. You can represent yourself or have any person generally which you feel comfortable representing you. This puts you at a strong advantage versus taking them to court. Even in a class action, you are not going to recover whatever you think you might. You may end up getting a check for $5.00 that way. And IF you do take it to court, they're going to probably file a motion to compel and then your court case is stayed and you're forced into arbitration anyway then, by the court. Why are you forced into it? Because its part of your contract. So forego the nonsense and do the arbitration. That is what I would do.

 

It’s not a California consumer law. Each state has consumer laws. California is just one of about 25 that have new laws regarding automatic renewal of annual contracts. Motive happens to be in California so they are breaking the law there, then for their customers both based in California and customers out of state have their consumer laws which are also being broken. California is not the only state with consumer laws. You seem to be hung up on one states laws. A quick google search will show you the laws in each state. Motive is breaking them in at least 25 states. Utah just passed the law this year, but each state has their own set and rules, specifically about automatically renewing contracts without sending out the proper paperwork to inform the customer at least 30-60 days in advance. Motive is trying to bully people into continuing to pay for bogus contracts. There are no real contracts anymore if they auto renewed without following the procedure and the law in whatever specific state the customer was in and also the state the business is based and paperwork is coming from. Motive screwed up on both ends. All contracts null and void. I’m not involved, just an observation. No need for me to personally recoup.

 

Yeah, good luck with that then. Look up the definition of "consumer" in the state you are in. Charging you whatever doesn't mean a contract is null and void. There is something called severability, its a clause in nearly any even half assed contract. If your contract contains an arbitration clause, you won't be going to court, and won't be in a class action.

If you're using Motive with an entity name (LLC, INC., etc.) then you, depending on whatever state you are referring to, may not even be a "consumer" as defined by that states law. Moreover, the governing law of the contract with Motive that you have, is what is going to govern that contract with Motive. Read up on the contract and see what the governing or choice law provision says the state governing or choice law is. In this case, it doesn't matter what state you are in. The law that governs will be the governing law, of that contract. It's much the same as a credit card, or any other contract you have ever entered into. You can claim hocus pocus this law applies, but that isn't how it works. If the contract says the governing law is your state of domicile or something like that, then it would be whatever state you are in. If it says governing law is California, then governing law is California. Any state can interpret another states law.The point is, if you don't meet the definition of a consumer (i.e. using Motive with a business name, etc.) then you aren't a consumer at all with respect to that contract. What does this mean? This means that, that consumer law, is moot to you. Here is a link for this auto renewal stuff you're talking about. Follow the crumbs to the applicable law that you believe applies. I won't be surprised when you find out otherwise, though. https://www.faegredrinker.com/-/med...hash=2FD67967DE619DB2AFB97B60F75ACF8D22AF9184

Without going any further into the weeds with your thoughts, why would you want to file in court anyway, when you will end up going to arbitration anyway?

 

Hey buddy, small businesses are still considered consumers, and yes the states our offices were in each have varying laws. You keep talking about a contract that I’m in. Not in a contract if the contract wasn’t renewed legally. Not going to court because go motive can’t even send our last month to collections since they can’t even furnish a copy of a contract at this point. They just keep trying to charge a canceled card. What it really comes down to is right and wrong and they’re in the wrong in the way they’ve portrayed bogus contractual agreements that do NOT really exist. Word will spread, now that all the small businesses are dropping out and they’re trying to frantically keep customers and pretty soon the truth will come out that for years they’ve been illegally and falsely auto renewing annual contracts without following the guidelines made by the governments of numerous states.

 

Ok. Believe what you want. Go contact that lawyer. The ONLY part of any contract, if what you allege is even true at all, that would be "null and void", would be the auto-renewal part. The REST of the contract would remain intact and enforceable, including governing law, arbitration, etc. Go read the contract. Better yet, go talk to that lawyer you claim you have contacted, in this matter you say you aren't involved in. OOIDA isn't a law firm, they have relationships with some lawyers, and you even say yourself if they this on, meaning if they take the case. Their getting some information from you means absolutely nothing. I am confused as to why you would bother with calling any lawyer and then calling OOIDA. If you have a lawyer, you don't need OOIDA at all. If there is a class action waiver in the contract, there won't be a class action. And finally, again, you, the man in the moon, God, nobody will be in court if the contract contains an arbitration provision, and the contract does. You may file a claim in court, sure. But it won't go anywhere, besides right on over to arbitration. You could also end up being sued yourself for breach of contract for filing in court to begin with, in a jurisdiction with no personal jurisdiction over Motive. I won't even get into that, as it is definitely going to be above your head discussing subject matter and personal jurisdiction.

 

You’re hilarious. Anyway I keep trying to tell you, not calling a lawyer for me, I don’t owe anything at all and if I did we’re talking $40. I contacted a lawyer who is interested in creating the class action lawsuit. Customers don’t get much from those and they can take years, but they do put companies who break laws into their place which is a good thing over all. Nah, I have no personal vested interest, just looking forward to motive formerly known as keep trucking to pay their dues for lying about bogus auto renewed contracts. Ooida writes a lot of good articles helping to keep truck drivers informed on their rights and possibly laws etc coming and going in the trucking industry. Always good to be informed and knowledgeable on your rights as a consumer, small business, and customers in general especially when it comes to federally regulated products such as ELDs and subscriptions. Only the most forthright and honest companies should be handling those. Since motive outsources their entire call center they will not be missed by the American economy. You do you though, keep paying them. By the way your very first post on this thread you were thinking they’re charging you for the device, but you were mistaken, that charge you started this thread over is for an illegally auto renewed annual contract. You can drag the horse but you can’t make them drink. Over and out on this thread. Nice knowing ya!

 

Always use a one time card number for subscriptions like this

most credit card companies have a service where you can get a card number that’s only good for one use , to prevent exactly this kind of thing .