Overnight Genius also known as (On Genius, Rising Star Learning), (O. G) has violated my consumer rights by sending misleading advertisements and imposed improper selling practices to consumers who purchase online. I am writing to raise my concerns and ask for your assistance in getting the merchant to refund unauthorized charges they imposed on my credit card.
On 3/23/08, a web offer from (O. G) was sent for 3 learning CDs at no cost with only a shipping fee of $6.87. There were no clear indication that this was a 10 Day Free Trial CDs (meaning that if these CDs were not returned within the 10 Day Trial Period, customer would be charged) nor were there indication that a monthly subscription is abide (meaning more learning CDs would be sent).
On 4/4/08, I was charged for a $76.19 and repeatedly on 4/29/08 another charge of $85.10 for additional 3 more CDs which I have never authorized and never agreed to pay for. I immediately contacted (O. G) and was told that because I have accepted their web offer for free CDs, I not only accepted their subscription but also would be charged for these CDs at their full price. Furthermore, a 3rd shipment has already been sent and a charge of $85.18 has occurred on 5/27/08. I have told them to immediately cancel the subscription and have advised that I will return all received CDs back to them. The Merchant has not once mentioned that I must have a RMA to return the products.
Six CDs received have been returned to the merchant on 5/28/08 via Priority Mail at my own expense and on 6/6/08 when the 3rd shipment arrived, by refusing the acceptance of these CDs and have the package returned to merchant, the merchant has again imposed another $6.95 on my credit card. The merchant has charged me a total of $168.24 ($76.19 $85.10 $6.95) which I have not authorized for.
Overnight Genius not only violated the Sale of Goods Act for a faulty product that I didn't accept and therefore have returned. They have also violated the Distance Selling Regulations for not providing enough time for consumer to return the products for a full refund. Lastly, a Cooling Off Period was not provided to consumer for reviewing products when received was violated. Your assistant in getting this resolved is greatly appreciated.
Please advise what actions need to be taken so that unauthorized charges can be refunded and other consumers will not have suffer from this painful and unfair experience I have encountered.
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