Central Coast Nutraceuticals - graham D. Gibson, President charged credit card $90.70, was supose to been $1.00 only. Largo Florida

On December 29, 2008, the Arizona Attorney General's Office filed a lawsuit against Central Coast Nutraceuticals, Inc. (CCN) and its President and CEO Graham Gibson, which alleged violations of the Arizona Consumer Fraud Act and a pattern of deceptive practices in their online sales of their nutritional products. According to the complaint filed, CCN offered customers a “$1.00 risk free trial” of one of several of their products. The total cost of the trial product, however, is $5.95 when shipping and handing charges are included. In the course of paying for the risk free trial, consumers are asked to provide CCN with credit card information. CCN then allegedly used the information to charge consumers for additional products and services the consumers did not request, including pre-selected “up-sell” products that the consumer must actively de-select in the online order form to avoid being charged an additional $39.90. The suit alleges that consumers who sign up for the risk free trial are also deceptively enrolled in a free trial of Fit Factory, an online fitness and diet consultation service, as well as a “Lifestyle Program,” a monthly shipment of the product they purchased on a trial basis. To avoid subsequent monthly charges of $29.95 or more for these monthly programs, consumers must contact Fit Factory or CCN to cancel their unwanted memberships, which they frequently learn about only after having been billed for them. Consumers who try to contact CCN to have unauthorized charges reversed have been faced with hold times of over an hour, and their e-mails often have received no response. CCN also is alleged to use confusing and contradictory language regarding the length of trial periods and the availability of refunds in its promotional materials and shipping invoices and also charges consumers the full price for a trial product before the trial periods have ended. The lawsuit seeks to stop CCN from engaging in the alleged unlawful practices and asks the company to pay $10,000 for each violation of the Consumer Fraud Act, provide full restitution to all consumers who were defrauded and reimburse the State for investigation costs and legal fees. Consumers who feel they have been the victim of consumer fraud by CCN should contact the Arizona Attorney General's Office Consumer Information and Complaint division in Tucson at (520) 628-6504, in Phoenix at (602) 542-5763 or toll-free outside of Maricopa or Pima County at (800) 352-8431. The matter is pending.