• Report: #161843

Complaint Review: Berman Investment Group

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  • Submitted: Mon, October 24, 2005
  • Updated: Thu, October 27, 2005

  • Reported By:Boston Massachusetts
Berman Investment Group
1301 Dove Street Newport Beach, California U.S.A.

Berman Investment Group ripoff Newport Beach California *EDitor's Suggestions on how to get your money back into your bank account!

*UPDATE Employee: It is Conspicuous

*Author of original report: I still should not have to pay anything to return something I did not order

*UPDATE Employee: There is no need to dispute with the Bank

*UPDATE Employee: There is no need to dispute with the Bank

*UPDATE Employee: There is no need to dispute with the Bank

*UPDATE Employee: There is no need to dispute with the Bank

*Author of original report: Berman Investment Newport Beach, CA. I RECEIVED $85.00 REFUND TODAY

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I ordered the "free" book and CD from an E-mail ad solicitation. I only had to pay the s&h, $3.95.

I was never told that they would bill my credit card for $99.90 in 30 days if they weren't returned.

I called their 877 number to attempt to return them and as soon as I said I wanted to schedule a return, I was put on endless hold.

I called again and was again put on hold for several minutes. Then I was offered a 25% discount to $74.90 if I'd keep the unsolicited CDs. I refused. It took nearly 20 minutes to get a return authorization number and the address where to send the package after which they offered all 8 CDs to me for a one-time charge of $14.90. Since they "suggested that I return the entire package back to them, in resaleable condition, I might consider a "crush proof conatiner", paying the postage, insurance, and delivery confirmation. That would come close to $14.90, so I agreed.

They sent me the following confirmation E-mail:

"According to your conversation with our customer service agent you were billed by us a small shipping charge for the shipping of your free book and CD as well as $99.90 for the entire "Berman Differential Software Collection" (TM). As the result of that conversation we have mutually agreed you will keep the entire "Berman Differential Software Collection" (TM) and we will issue you a credit of $85 today. Depending on the billing cycle of your bank you should see the credit
on one of your next two billing statements. You will receive no further charges or credits for this offer."

My concern is that "I" would do something incorrect in returning the Cd's to them and they would not honor their agreement of crediting me the $85 within the next TWO billing statements. Bottom line, they have had use of my $99.90 for three months.

This is a great SCAM! I'm out $18.95, if I see the $85 credit.

I wish I had thought of this scam sooner. What a great way to make $14.90 per person. Do the math.

If you want my CD's, I'll sell them to you for $12.00, plus s&h.
No refunds!

Having seen how these folks do business I would NEVER want to be associated with them in any way!!!

If you are tempted to order Berman's "free" book and CD my advise is DON'T!

David
Boston, Massachusetts
U.S.A.

EDitor's Suggestions on how to get your money back!

HERE IS WHAT RIP-OFF REPORT SUGGESTS YOU DO:

Go to your bank within 60 days of the charge, or as soon as you know about the charge, don't delay, and tell them that there has been fraudulent activity within your account. Explain that you wish to file a dispute, and demand that they assist you in accordance with Federal Regulation E.

According to the majority of victims interviewed by Rip-off Report, those who immediately called their banks to dispute the charges did not get very far. Many victims got the following responses from their banks: we could not do anything for you or you waited too long; it has been more than 60 days.

If the bank is says that you have waited too long, explain to them how you called their 800 number as soon as the charges were found, and were told by the bank that nothing could be done. Remind the bank that they failed to assist you properly at the 800 #, and instead, provided you with an inadequate explanation of your right to dispute. Tell the bank that it's their fault time has expired, and since they gave you the wrong info to begin with, they will just have to deal with it, take the loss and reverse the charges.

Tell them the truth; this was unauthorized and your account was NOT to be charged! Keep emphasizing how you never authorized anything! Direct them to the hundreds of victims reports that were filed on Rip-off Report.com. And if you're at the bank, walk them over to their computer and make them go to this site! If you are on the phone with them, tell them you will wait while they access this site! Either way, be persistent!

DO NOT TAKE NO FOR AN ANSWER!

Let them know nicely, that you were advised to Report them (the Bank) and this situation to the Banking Commission in your state. Since each state has a different name for the agency/controller over banks, find that name before you call or get to the bank so you can throw it in their face. The more knowledgeable you appear to be, the further you will get.

And just continue to demand the Federal Regulation E form! The bank CAN, MUST and WILL reverse the charge! But, you must be persistent; ask to speak to the supervisor or the area manager for all the branches in the state.

Let the bank personnel know you are meeting with the media later in the day, that you would much rather they do the right thing (as most other banks have) by looking at the complaints and immediately reversing the charge(s) to your account; no matter how long ago it was. Be sure to call the Media if necessary so you are telling the truth.

If you have to, be loud (but nice) in front of other customers. If you are just calling by phone, the above tactics should still work. The bank can easily fax or mail to you the Federal Regulation E dispute form.

CHARGES TO YOUR CREDIT CARD

If the charge was to your credit card (not debit card, check card, or checking account), contact the credit card company as soon as possible to request a dispute form. Consumers usually have a little longer to dispute fraudulent credit card charges (up to 6 months), but it is better to act right away. In this type of situation, credit card disputes are usually successful since fraudulent companies often won't contest the disputed charge. In rare cases, credit card companies will review disputes, but refuse to reverse the charges. If this occurs, complain to a manager and let them know you will be filing a report here.

Remember Don't let them get away with it! Make sure they make the Rip-off Report .. The more Reports filed on a Company or individual, the more likely it is that the authorities, media and attorneys will want to take action.

And good luck Let us know how you do!

ED Magedson Founder, Rip-off Report.com & Author of www.ripoffrevenge.com
EDitor@RipoffReport.com
badbusinessbureau.com
www.ripoffreport.com

Don't let them get away with it.
Make sure they make the Rip-off Report!

We are not lawyers.
We are not a collection agency.

We are Consumer Advocates.
...the victims' advocate

WE are Civil and Human Rights Activists

We are a Worldwide Consumer Reporting News Agency
...by consumers, for consumers

CLICK HERE to read about Credit Card Scams... find out how to get your money back. *Rip-off Report Investigation provides valuable information.

This report was posted on Ripoff Report on 10/24/2005 07:40 AM and is a permanent record located here: http://www.ripoffreport.com/r/Berman-Investment-Group/Newport-Beach-California-92660/Berman-Investment-Group-ripoff-Newport-Beach-California-EDitors-Suggestions-on-how-to-ge-161843. The posting time indicated is Arizona local time. Arizona does not observe daylight savings so the post time may be Mountain or Pacific depending on the time of year.

Ripoff Report has an exclusive license to this report. It may not be copied without the written permission of Ripoff Report.

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REBUTTALS & REPLIES:
0Author 7Consumer 0Employee/Owner
Updates & Rebuttals

#1 UPDATE Employee

It is Conspicuous

AUTHOR: Thomas - (U.S.A.)

This is exactly what is on our webpage PRIOR to submitting the order: How it works, "I am so confident that you will become a loyal user of my products that I am giving you my best selling book, "I GOT HERE. YOU CAN TOO!" And my "Making Money" CD for FREE. You just help by paying a small refundable shipping and handling fee. Our guarantee to you is very simple, If you don't make money or are unhappy for any reason with the free book and CD within 30 days from our shipping date simply call our toll free number: 1 (877) 237 6265 Monday through Friday 7:00 A.M. - 5:00 P.M. PST and arrange for a refund of your shipping and handling fee. We are giving you these two products for free as a thank you for considering the entire Aggressive WealthSM program. Take up to 30 days and decide if you want the balance of the Aggressive WealthSM program, if you elect not to take advantage of this exceptional offer and you decide you do not want the balance of the Aggressive WealthSM program, simply call our toll free number (within 30 days from our shipping date) to process your cancellation and we will cheerfully give you a return authorization number and cancel your order and you will owe nothing. At the end of the consideration period if you decide you want the rest of the program, do nothing and your credit card will conveniently be billed only one payment of just $99.90. That's an incredible value for these fine products. I have helped thousands of people and businesses achieve their financial goals and I am so convinced that I can help you, I am giving you two of my fine products for free."

This is also posted in the Return Policy tab. The book is yours free from considering the Agressive Wealth Program. If you dont want the CD's send them back and keep the book and loose CD. We will refund your original shipping and handling once we have recieved the CD's back, all you need to do is ask for it. There is no deception going on, you just have to read all of the terms of the order. Like I said before WE WILL GLADLY REFUND 100% OF ANY CUSTOMER THAT WANTS TO RETURN THE PRODUCT OR IS NOT HAPPY WITH IT, ALL YOU HAVE TO DO IS CALL. I have been working in Customer Care for many years and I pride myself on representing the company I am with in the utmost of integrity. I stand by this statement.
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#2 Author of original report

I still should not have to pay anything to return something I did not order

AUTHOR: David - (U.S.A.)

The response from Thomas - Santa Ana, California is unacceptable.

I should not be charged for anything that I DID NOT order!

According to Massachusetts law Berman Investment, et al, did not "CLEARLY AND CONSPICUOSLY DISCLOSE TO THE BUYER, PRIOR TO THE CONSUMMATION OF THE TRANSACTION...:

940 CMR 3.00: General Regulations

3.13: Pricing and Refund, Return and Cancellation Privileges:

(4) Refunds, Return and Cancellation Privileges. It is unfair and deceptive trade practice:

(a) To fail to clearly and conspicuously disclose to a buyer, prior to the consummation of a transaction, the exact nature and extent of the seller's refund, return, or cancellation policy;
(b) To misrepresent the nature and terms of the seller's refund, return, or cancellation policy;
(c) To fail to perform any promises made to a buyer in connection with the refund, return, or cancellation privileges.

SINCE THE CD'S WERE SHIPPED TO ME WITHOUT MY KNOWLEDGE, I AM ENTITLED TO KEEP THE ITEMS AND THE FULL, I REPEAT, FULL AMOUNT MUST BE CREDITED BACK TO MY ACCOUNT!

This isn't rocket science, you broke the law. You shipped an unordered item and then expect me to spend money to return it to you.

I do not have to put out anymore money than the original $3.95 for the book that I DID ORDER!

I DEMAND THE FULL AMOUNT OF $99.99 BE CREDITED TO MY ACCOUNT.
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#3 UPDATE Employee

There is no need to dispute with the Bank

AUTHOR: Thomas - (U.S.A.)

We have a 100% satisfaction guarantee to our customers. IF YOU ARE NOT HAPPY WITH THE MATERIALS YOU MAY RETURN THEM FOR A 100% REFUND. If may contact our customer care department at 1-877.237.6265 24 hours a day 7 days a week. We want to ensure everyone's satisfaction. If you are not happy we are not happy and we will do everything we can to ensure that the situation is handled to your satisfaction.
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#4 UPDATE Employee

There is no need to dispute with the Bank

AUTHOR: Thomas - (U.S.A.)

We have a 100% satisfaction guarantee to our customers. IF YOU ARE NOT HAPPY WITH THE MATERIALS YOU MAY RETURN THEM FOR A 100% REFUND. If may contact our customer care department at 1-877.237.6265 24 hours a day 7 days a week. We want to ensure everyone's satisfaction. If you are not happy we are not happy and we will do everything we can to ensure that the situation is handled to your satisfaction.
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#5 UPDATE Employee

There is no need to dispute with the Bank

AUTHOR: Thomas - (U.S.A.)

We have a 100% satisfaction guarantee to our customers. IF YOU ARE NOT HAPPY WITH THE MATERIALS YOU MAY RETURN THEM FOR A 100% REFUND. If may contact our customer care department at 1-877.237.6265 24 hours a day 7 days a week. We want to ensure everyone's satisfaction. If you are not happy we are not happy and we will do everything we can to ensure that the situation is handled to your satisfaction.
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#6 UPDATE Employee

There is no need to dispute with the Bank

AUTHOR: Thomas - (U.S.A.)

We have a 100% satisfaction guarantee to our customers. IF YOU ARE NOT HAPPY WITH THE MATERIALS YOU MAY RETURN THEM FOR A 100% REFUND. If may contact our customer care department at 1-877.237.6265 24 hours a day 7 days a week. We want to ensure everyone's satisfaction. If you are not happy we are not happy and we will do everything we can to ensure that the situation is handled to your satisfaction.
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#7 Author of original report

Berman Investment Newport Beach, CA. I RECEIVED $85.00 REFUND TODAY

AUTHOR: David - (U.S.A.)

I RECEIVED $85.00 REFUND TODAY.

I contacted my bank as the editor suggested. Before I could file the 'fraudulent claim' the money was back in my account.

I can't verify it, but I credit Ripoffreport.com for my refund. This is a great service to the public and I will ALWAYS check Ripoffreport.com before I ever make any more money decisions.

Thanks Rippoffreport!


Berman Investment still made $18.95 from me.
Even though I received a partial refund, the unfair and deceptive ads/websites by Berman Investments, and Berman himself, should be fined and banned by the FCC for unfair trade practices, and a host of other violations.

Do not lose your money to them.
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