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On November 2008 I responded to a Christmas offer from The NY Times, to which I subscribe, and signed up for a gift subscription (paper to be delivered to another party). I filled out a card with my credit card information and returned it to the newspaper as directed. My credit card account was first debited on 12/21/08. The paper was never delivered. After repeated calls during January 2009, I requested they cancel the subscription on 02/12/09. I was given a cancellation number at the time. My credit card continued to be charged on a quarterly basis for the gift subscription. On October 2011 I finally realized there were 2 different charges from The NY Times on our accounts: a monthly charge on my husband's account and a quarterly on my account, that being the gift subscription.
I called my credit card company and requested they open a dispute on the matter. They reversed 2 charges, for a total of $180.00
I called the paper and requested a refund of all charges since 2008. They opened a delivery investigation but never reported their findings to me. They sent me a $52.50 refund check.
1. Am I within the statute of limitations to take this dispute to Small Claims Court?
2. Did the card I filled out constitute a written contract? If so this case would fall within the 4-yr time frame. Since I mailed the card back to The NY Times I have no proof there was ever a card.
3. Will The NY Times be required to prove how they obtained consent to charge my account?
4. If I cannot prove there was a card mailed back, will the Court automatically see this as an oral agreement (under the 2-yr limitation statute)?
5. Should I file a claim trying to recoup the charges since 2008 or should I only try to recoup charges for the last 2 yrs?