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Free charging cancelled by Electrify America, how to gain back?

11K views 77 replies 21 participants last post by  yangchaoyihit  
Forget “complementary” BS. The charging is included in the price of the car and you wont be able to get this charging plan without purchasing a car. It's a fraud, I bet Hyundai paid EA for your car charge once EA got their money they used any excuse they got to get rid of you. Complain to the Attorney general, FTC, FBI, and any law enforcement agency that deals with fraud.
 
To what end? EA will point to the terms and conditions that were agreed to when activation the 2 year Ioniq 6 package, where it clearly states it is to be used for this car ONLY. The OP was in breach of contract as soon as the charging session was started. Could EA review the situation and reinstate the OP and others on a case by case basis, sure they could, are they required to, not at all.

It is not fraud if the OP violated the terms of the contract.
It's unconscionably to cancel the service at any time EA wants to. If EA has info that the wrong car is getting charged they should stop a charging session.
Your EA app could be hacked and someone can charge their car. You don't exercise any control over this process.
 
You are missing the point. EA did not cancel the deal 'anytime they wanted'. EA cancelled it after they flagged that the terms of the agreement had been violated.

Should EA have the ability to determine if the correct car is used at the time of charging, and prevent the session? You and I might think so, but there is no legal requirement for that. In this case it was caught after the fact, and action was taken. The also do not currently have the ability to monitor and enforce the 60 minutes between charging sessions, but that does not mean that that could not cancel the contract if they did an audit of the system (At this point they seem to not deem it worth the manpower to conduct this).

As for being hacked, that is on the users end to control, not EAs.

Legally it really is simple. the OP (or his son in this case) violated the terms of the contract. EA exercised their option to cancel the contract as a result of the violation.
You might be correct, but my argument is that the specific part of the agreement is unconscionable. EA should give a warning in the case of a violation before canceling your plan.
I also read on Facebook groups that EA account info - login and password for sale on the dark web. The app should be protected by a two-tier authentication.
 
Just got back from small claims court and will get the judge's ruling in the mail in a week. My case is similar to the OP and once I told the judge what happened he didn't even ask me a single question. After the lawyer for EA finished her argument about "charging an unauthorized" vehicle the judge basically lectured her about dispensing electricity to an "unauthorized" vehicle. His analogy to her is if a person pumped gas into his/her car in a Chevron station and the amount does not show up in the person's credit card bill, then it is up to the gas station owner to fix the credit card reader and not ban the customer and his credit card from all Chevron stations. It would be dishonest for the customer to refuse to pay back the amount once the mistake was discovered but there is no legal basis to ban the customer or his credit card from all Chevron stations. I'm posting now just in case there's a non disclosure clause in the settlement letter.
Is there a case name and number? Are you in federal or state court? Who drafted the complaint?