Witteman said a key problem with AT&T's service agreement is that the company doesn't list all the terms and conditions that apply to customers. Rather, AT&T says customers must review a separate "guidebook."

That guidebook is available only online, Witteman said, and runs about 2,500 pages. "What consumer is going to slog through that?" he asked.

Moreover, the service agreement says AT&T will "generally" provide written notice of price increases at least 30 days in advance, except when such notice isn't "commercially reasonable."

Witteman said the online guidebook and ambiguous notification policy appear to violate a California statute requiring that consumers "be given sufficient information to make informed choices."

AT&T's service agreement is written in dense legalese and essentially gives the company as much latitude as possible — while limiting customers' ability to seek redress.

[..]

An analysis of the agreement prepared for PUC staffers found fault with a variety of AT&T's provisions, including this one: "You also agree to pay for all charges for services provided under this agreement even if such calls were not authorized by you."

The analysis said this "is in direct violation to cramming laws," which protect consumers from having unauthorized charges placed on their bills.

Under the provision, the analysis concluded, "AT&T, or any other billing agents, could impose unauthorized phone calls on a consumer's bill." It said consumers would have "little chance in both avoiding and fighting against this type of fraud."

Unlike mandatory binding arbitration agreements—which are included in the guidebook—you can't simply opt-out of these new terms. "If you do not agree with the provisions of this agreement, your sole option is to cancel your services . . . within 30 days after receipt of this agreement."

Go free market, go!

AT&T buries customer rights in 2,500-page 'guidebook' [The Los Angeles Times]
(Photo: jetsetpress)

We've never seen any merchant try to interfere with consumers' rights on this level. So why would Luxury Car Tuning resort to such a bizarre statement? It could be because they've been burned by chargebacks before—banks tend to err on the side of consumers when a chargeback request is made, and merchants can and do lose their ability to accept credit cards if they exceed a certain number of chargebacks.

Having said that, we can't imagine how the company can enforce such a demand, but maybe the best thing to do is simply take your business elsewhere and avoid them altogether.

Here's the actual text, taken from their terms and conditions page:

Chargeback Abuse Policy
Purchases will appear on your credit/debit card statement as "Tuning Concept" or "Luxury Car Tuning". You agree not to file a credit card or debit card chargeback with regard to any purchase and instead abide by the dispute resolution procedures outlined below. In the event that you breach this agreement and file a chargeback, upon a resolution in our favor of the chargeback by either the credit card issuing bank, the credit card processor or by VISA or MASTERCARD, you agree to reimburse us for any costs incurred in researching and responding to such chargeback, including without limitation, our actual costs paid to the credit card processor or our banks, other third parties, and the reasonable value of the time of our employees and owners spent on the matter, as determined in our discretion in good faith. You further agree that all dispute resolution procedures below will be deemed waived by you, and that these amounts will be added to the original amount of the order, and that this total amount will then be immediately due and payable. If your chargeback is upheld, you agree to pay all of the same costs, in addition to the original purchase price, but we will use the dispute resolution procedures below to confirm and collect such amounts.
 
In the event that a chargeback is placed or threatened on a purchase, we also reserve the right to report the incident for inclusion in chargeback abuser database(s) of our choosing and in our sole discretion. The information reported will include name, email address, order date, order amount, IP address, full address, and phone number. Being listed on such databases may make it more difficult or even impossible for you to use (any of) your credit card(s) on future purchases with us or other merchants. Chargeback abusers wishing to be removed from the database shall make payment to us for any outstanding amount owed to us + $50 for processing and handling by wire transfer or such other means as we may require.

• Read the offer carefully before you buy.
• Fill out paperwork promptly.
• Enclose all required documentation.
• Make copies of all paperwork to be mailed, including forms, receipts, and UPC codes. You will need this should anything go wrong.
• Consider certified mail and request a return receipt as proof the company received your request.
• Watch out for so-called "delayed" rebates offered in connection with a variety of purchases and services including cars. These jumbo cash-back offers are too good to be true for the majority of people.
• Lastly, remember that mail-in rebates typically take up to 12 weeks to arrive, so budget accordingly. If a timely refund is a concern to keep your account in balance, it may be wiser to comparison shop for a lower-priced item.

Read the fine print on rebate offers [All Consuming]
(Photo: taiyofj)

The old terms and conditions read:

Registration. You must first register for this offer on http://paypal.promotionexpert.com/gr...nup/index.html using your PayPal account's primary email address.

The revised, restricted terms and conditions now read:

Registration. You must first register for this offer on http://paypal.promotionexpert.com/greatshopping/signup/index.html using your PayPal account's primary email address. You are only eligible for this offer if you receive this offer in an email sent to you directly from PayPal.

Don't take our word for it. We have pictures, inside.

How nice, a spring rebate. Uh-oh, where did the rebate go?

We are very interested to know why PayPal changed the rebate terms. If you were able to redeem the rebate before the change, or if you received an invitation email, let us know in the comments. — CAREY GREENBERG-BERGER

My Money Blog (Thanks to Bud!)

• Purchase fee: $2.50
• Online shipping/handling: $2.50
• Reissue fee (for balances remaining after three years): $7.50
• Manual check issuance fee (to get remaining balance on card): $15.00
• Monthly maintenance fee after one year: $2.50
• Lost card replacement: $7.50
• Foreign currency conversion fee: 3%

Last time we consulted the pages of MAKE, you can't construct a home-made pre-loaded gift card, at least not legally. — BEN POPKEN

Wells Fargo Gift Cards: The Perfect Gift*? [Mouse Print]

But Mouseprint found some in the terms and conditions: "Transactions made in foreign currencies are subject to a conversion rate. Foreign currency conversion rate is base rate plus 2%, as described in the Cardmember Agreement." [AMEX website, April 13, 2006]"

As Edgar notes, otherwise there are no fees. But a fee is a fee. "Absolutely no fees except for one that probably doesn't matter too much" probably didn't sound like such a fetching headline, wethinks.