EMAIL TO TRISLIM:
Yesterday, Feb. 9, my credit card was charged a total of $165.80 for
your product —$149.85 for TriSlim and $15.95 for shipping and handling. I
called this morning and spoke to Nine (pronounced Nina) to get my money back
as I did not intentionally order it. She ended up refunding me $134.86 and
instructed me to email the corporate office for the remaining $30.94 which
she said was the charge for shipping and a 10% restocking fee. This email
is my request for an immediate refund to my credit card for these charges.
I received more than 20 emails from your company offering a free bottle of
your product on a trial basis. I took advantage of this offer and paid the
$4.95 for shipping and handling.
I believe the type of marketing you are imposing is called "negative option"
which is illegal in the state of Ohio. On the first page of your websiite,
"Try a Free Bottle" is emblazoned no less than five times in large type.
However, the obligation to enroll in your program and subsequently having my
credit card charged $165.80 is buried in your "Terms and Conditions, " about
five or six paragraphs down on a little tiny tab under the form you fill out
for the "free" bottle. Even when you fill out the form it does not bring up
a warning that by ordering the free bottle, you will be charged $149.85 plus
shipping and handling of $15.95 if you do not cancel within 10 days after
the ship date (not the delivery date) of your product. This is clearly a
deceptive marketing practice. Please refer to the website,
usacomplaints.com for damages awarded to consumers of MWI, a company that
used the "negative-option" scheme.
"This "negative-option" scheme, where MWI enrolls unsuspecting people into
their plans without authorization and bill them for 'memberships' in
advance, has been proven time and again in court (California, Ohio,
Minnesota, Connecticut, Nebraska, Nevada, Connecticut, among others) to be
deceptive marketing
and business practices. The Minnesota settlement forced MWI to change their
Telephone Solicitation Script to make it very clear what MWI was trying to
do, as well as providing renewing notifications in advance of upcoming
charges for 'services'.
This settlement forces MWI to tell customers on the first page of MWI's
membership enrollment kit that their account will be charged in 30 days
unless they cancel and that their account will be re-charged each year
thereafter unless they cancel.in addition, MemberWorks must send a letter
and envelope
with 14 point font saying 'Upcoming Charge for Membership Renewal, ' before
each annual renewal. The letter also must say, ' if you take no action your
account will be charged to automatically renew your membership.'
All of these things MWI did not do in our case (or probably yours). It also
provides damages for double the amount charge if MWI fail to produce a tape
showing the consumer's specific consent. Unfortunately, many states have
taken MWI to court yet, so the public is still subject to MWI's deceptive
practices, as is much of the nation. MWI entire business revolves around
deceptive business practices.
Taken from the Hardin County, Kentucky New-Enterprise News Agency:
"The BBB Website states: On April 27, the California Attorney General
announced that MWI had settled charges of misleading telemarketing
practices. The sale of a 30-day free trial membership with a 'negative
option' cancellation resulted in complaints from consumers who were upset to
find charges of $49 and $89 on their credit card accounts.
Without admitting liability, MWI agreed to pay $1.5 million in civil
penalties and costs. The firm also agreed to change its business practices
and improve notice to purchasers.
MWI has reached agreements with Attorney General Offices in California and
Nebraska, as well as reaching a settlement with the state of Minnesota.
As of Oct. 24, MWI has a civil complaint filed against it by the Florida
Attorney General."
Your company's name and my experience as stated above will be reported to
every scam and rip-off website as well as to the Ohio Attorney General's
office and any other consumer protection office agencies including the BBB
if my card is not refunded immediately.
Please email me with your intentions.
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