I'll try to provide as detailed information as possible to help fellow victims (and myself) to fight these fat heads. First I'll describe the scam, including how they ripped off me. Then I'll publish related information I have been able to collect so far (including exposing the operator) so we can collectively come up with a legal action plan.
1. The scam:
Via telemarketing, I was promised "store gift cards" and what not in Mar., for exchange of "trial" subscription for a tiny amount via Electronic Check Conversion (ECC). They don't send you the gift card, however, but requires you to submit a "request form" which they'll process in 4-6 weeks. The trick is, you must be an "active member" of these programs (Wellnet America, Ucallunlimited, etc.) by then, so you'll end up paying the hefty monthly fees because your trial period would have expired.
I didn't submit any request form.instead, I called to cancel. I recall that they promised a 30-day trial period, but this "Wellnet America" trial expired in 7 days, before their mail "package" even got delivered. So by the time I called, they have already charged $124 via ECC, which the Fed allowed not a long time ago.
The agent promised that the amount would be refunded, but I had to submit a so-called "check release form", which they were going to send me by mail. Keep in mind that they request no "release form" before they swiftly (and happily) charge your checking account. (For fairness' sake, they haven't made subsequent charges in the name of Wellnet or Utalkunlimited since.)
Thus started my long fight for refund. I complained about the ridiculous requirement to be mailed and mail back an additional form during the first call. Nonetheless I submitted the form. But I haven't seen a dime today.
I called again on 6/10. An agent by the name "Aubrey" from the Philippines acknowledged that the "check release form" was received on 4/5, and promised to initiate a 3-days research. She indicated that a refund should be issued 7 days after that "research"."So you will get your refund in 10 business days, " concluded "Aubrey".
Today is 6/28. I called again. An agent by the name "Sage", also from the Philippines, acknowledged that there was a promise on 6/10 but said she would initiate a 3-day research into why there hadn't been a research as well as why there hadn't been a refund. There was, of course, a new promise of seeing my money in 10 business days. She suggested that I call again in 10 days. "How can I trust you this time, " I asked, "that there will be a research and refund, if I had been defrauded time and again?" Well, there is no good answer to this question but the agent (who also volunteered her ID #, which is worth nothing) acted sincerely in offering apologies, which is the only thing she could guarantee.
I know I'll be in an endless loop of "3-day 7-day" cycle. Reading from others about this scam just confirmed this.
2. The operation:
The only public information "Wellnet America" provides is www.wellnetamerica.com. The "customer service" phone number they provides, 800-205-9969, exclusively routes to a Philippino out sourcing call center. (There is another "billing" phone # that I have not called, (888) 287-5124. Please let us know the result if you call.) The only U.S. Address they publicly acknowledge is a mail box, P.O. Box 18434, Las Vegas, NV, 89114-8434.
Agents of this Philippino co. Are trained to only give the PO box and Web site. They are not allowed to provide their own (Philippino) company's identity and street address, either. When hard pressed, they'll use personal situations as an (effective) shield from giving more information. They say that "Wellnet America" is incorporated in the state of Nevada, and that the company name is "Wellnet America, Inc.", which I could not find.
It is clear that those behind this scam know some limit, such as not continue charging people once a victim notifies them of "cancellation". But they do not send back a penny of what they have already pocketed.
3. The operators:
Despite their effort to conceal from public eyes, here is one useful piece of information from Whois:
- Wellnetamerica.com
Registrant:
Continuity Partners, Inc. (wellnetamerica-dom)
2753 s. Highland Dr.
Suite 1010
LAS VEGAS, NV 89109
US
Administrative Contact:
Continuity Partners, Inc. (F14518-OR) [email protected]
2753 S. Highland Dr.
Suite 1010
LAS VEGAS, NV 89109
US
888-812-8538 fax: 123 123 1234
- EBLITZ.com
Registrant:
Blitz Marketing, LLC (EBLITZ-DOM)
6255 Sunset Blvd. 20th floor
Hollywood, CA 90028
US
Administrative Contact:
O'Connell, Randy (ROK113) [email protected]
Blitz Media, Inc.
2753 S. Highland Dr., Suite #1004
Las Vegas, NV 89109
US
702-839-0301 fax: 702-940-0628
- allmediasales.com
Registrant:
BERFIELD, TIMOTHY (ALLMEDIASALES-DOM)
BOILFROG LLC
8414 Farm Road Suite 180 #294
Las Vegas, NV 89131
US
Administrative Contact:
None, None (ELZAARIDPI) [email protected]
None
None, AL 90210
US
unlisted fax: 123 123 1234
In short, up front is "Continuity Partners, Inc.", in Nevada state. My research cannot independantly confirm other people's report that Blitz Media (NV) or Blitz Marketing (CA) is behind the operations, but does confirm that there is a relationship there. (I know this is going to tip off those scammers about how to better conceal themselves, but what can we do?)
The reason I also digged up ALLMEDIASALES.com is because it showed up in their "refund policy" page. (Note that is is not a prerequisite to have fully valid "administrative contact", but the registrant is ultimately responsible for the domain.)
4. Action plan?
We need some ideas about how to take action against these operators. I'm throwing out some thoughts below. (The last item is an actual action item everyone can take.)
A. What aspects are illegal in their operations? Holding up people's money against their wills is definitely immoral, but is it illegal to use "delay tactics"? (We cannot prove the infinity; is there any NV code that specifies a time limit, for example?) Is there any Nevada law requiring a marketing co. To disclose the fact that actually paying for the service you are promoted to "try out" is (in effect) a prerequisite to obtain any of the "gift items" promised in exchange of a "trial acceptance"? Anything else?
B. If we can identify specific illegalities, can we shut down the Web first? (Because operators of Web are the most identifiable.)
They can easily set up a different site/name, but it'll become harder for them to claim credibility, and probably help the cause to refund.
C. How better can we identify and expose the actual operators? (The Web operators may be "related" parties, but they are not necessarily the operators behind the scam.) Is there, e.G., a "Wellnet America, Inc." as the poor offshore call center agents believe? Is there a legal way to obtain operator's ID behind a PO box? A phone # telemarketer give?
D. An action you can take - The FTC does have a channel for complaints about merchants defrauding you via ECC. (http://www.federalreserve. Gov/pubs/checkconv/default.htm#complaint) This case does not appear to be an outright defraud, given that telemarketers read you all the "boiler plate disclaimers" you probably don't fully understand (which is recorded, by the way). Nonetheless, you can write about their delay tactic to:
"Contact:
Federal Trade Commission
Consumer Response Center
600 Pennsylvania Ave., NW
Washington, DC 20580
877-FTC-HELP toll free (877-382-4357)
www.ftc. Gov
Please also send a copy of your complaint to:
Board of Governors of the Federal Reserve System
Division of Consumer and Community Affairs
Washington, DC 20551
202-452-3693
www.federalreserve. Gov"
(Disclaimer: The above quoted addresses and statements are copied from the Fed Web site, and is believed to be in public domain.)
Yuan
Santa Clara, California
U.S.A.
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