Attorneys say TurningArt.com January 15, 2015 Change to TOS are Unlawful.
Turning Art www.turnningart.com recently changed its terms of service and user contract to unlawfully and retroactively extinguish fully vested Art Credits / credits for customers beginning January 15, 2015. Here is what one user recently experienced when they went to purchase a copy of artwork they had rented for TurningArt.com after 1.5 years of payments.
What Happened at TruningArt.com? One Customer’s Experience.
– Customer signed up on the premise and under contract terms which promised 100% of the monthly membership /art rental fee for art could be used to purchase reproductions of the art rented.
– “How much of my membership fee counts towards purchasing art? 100%. Every dollar you spend on your monthly membership can be used to buy artwork you love.”
– “Every dollar you spend on your membership is banked as ArtCredit, which can be used to buy any work of art on TurningArt.”
– The new terms say: “Buying with Credit. You earn one dollar in credit for every dollar you spend on your trial. Credits can be used towards up to 40% of the purchase price of artwork.”
– So what happens for users and customers who signed up on the promise that 100% of their credits could be used to purchase art? It appears as though starting January 15, 2015, customers simply lose 60% of their purchasing power using Art Credits for a particular piece of art.
– When customers complain, they receive a partial credit for their next purchase but are told that their previously accumulated credits moving forward only retain 40% value.
– Here is what one Turning Art customer asked “I thought I got 100% credit of my monthly payments towards purchase. Do I have any credits left or am I back down to zero?”
– Here is the response from Turning Art customer support, “Our user terms have recently changed – I apologize for the confusion. ArtCredits may now only be applied to 40% of the entire purchase of prints, framed print and originals. For this purchase, I will go ahead and refund you the $*** that you paid for the print and deduct your ArtCredits. Because the charge was pretty recent, it is too soon to refund, but I will go in and take care of it tomorrow. Going forward, however, you may only apply your ArtCredits to up to 40% of the value of a purchase (print, framed print or original).”
– The customer responded: “Thanks. I thought I remembered signing up when you could apply 100% of your art credits to a purchase. When did it change? Not that I bought the 1 piece of art I was renting,, does my $20 month turn off or do I need to do something? Thanks.”
– Turning Art customer support responded: “Yes, you did sign up when those were the terms. Our terms just changed yesterday and we are allowing our existing customers to apply their ArtCredits to 100% of the value of the art they have at home (you were leasing 1 large framed print and we allowed you to use your ArtCredits to 100% of the purchase of your 1 large framed print). Going forward, you may only apply your ArtCredits to up to 40% of the value of a purchase (print, framed print or original). Your monthly membership due is not affected by the new terms (as you are an existing customer) so this will stay at $20/month. For any additional frames you add on to your membership, you will pay the new prices: $15/month for a small frame, $25/month for a large frame. Did you want to close your account as well?”
– So TuningArt retroactively extinguished your ability to use credits for purchasing reproductions new art unless you already had it in your home. There is no way for you to ever use 100% of your Art Credits to purchase reproductions.
– Deceptively, TruningArt.com will not provide prior versions of its Terms of Service.
Learn More About the Airbnb Class Action
Deceptive Consumer Advertisements Continuing?
Turning Art continues to advertise its service deceptively. Their website still says “How much of my membership fee counts towards purchasing art? 100%. Every dollar you spend on your monthly membership can be used to buy artwork you love.” However, 40% of your credits (not 100%) can be used to purchase a reproduction of a particular piece of Art.
Contact a Consumer Class Action Lawyer for More Information.
If you or someone you know lost Art Credits from Turning Art as a result of their January 15, 2014 change in their Terms of Service, contact an internet and technology lawyer today. One of our consumer class action attorney specialists will get back to you right away. You may have legal rights including rights to bring or participate in a class action for deceptive practices and consumer fraud.
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