• Report: #82932

Complaint Review: Capital Choice Consumer Credit - Prime Mega Saver/ Chris Rivera/ Tina Marai

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  • Submitted: Fri, March 05, 2004
  • Updated: Thu, March 11, 2004

  • Reported By:Lebanon New Jersey
Capital Choice Consumer Credit - Prime Mega Saver/ Chris Rivera/ Tina Marai
9590 NW 25th St. Miami, FL 33172 Miami, Florida U.S.A.

Capital Choice Consumer Credit - Prime Mega Saver - Chris Rivera - Tina Marai ripoff unauthorized bank debits no delivery of promised package charging my account for declined services I didn't want No Refund Lying to me Miami Florida

*Consumer Suggestion: FTC Final Judgment Closes Case on Capital Choice- $Millions$ ordered in restitution

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I was approached by a telemarketing call of a company offering credit card services. They said that they would mail me a $5,000 merchant credit card. I told them I didn't want a catalog card. They said no; this is a regular credit card you can go shopping anywhere with.

They debited my account 4 equal payments or $39.75 to equal $159.00. Then they said that I had to wait 21 days for delivery of this package. In the mean time they had an extra offer Prime Mega Saver Package they wanted to offer. I told them I did not want this offer. They said there is a 15-day trial, you can cancel before being charged anything. In the meantime, I waited for credit card package that never came.

While I waited for that package, they started also debiting my account for the Prime Mega Saver Package that I didn't want. I didn't notice this until; they had debited 3 times for Mega Saver with was $54.90 each debit. I was very upset about this. I called and got the runaround. I asked why they started even debiting for Mega Saver. They said the 15-day trial period was up, they didn't hear anything from me so started debiting. I told them I didn't receive anything from them. They said 15 started after 3 days they mailed it out, assuming I receive package and they started debiting my account.

I told them I didn't want that service and I demanded a refund. They said they don't give refunds. I also told them Credit Card Offer I paid $159.00 never came. They apologized that they forgot to send it. They said we would send it now. I waited, it never came. I called back and they said, well they sent it. It's not their problem that I never received it, I'd have to take that up with my postal service in my area. They had also told me if I didn't want my Credit Card package to resend it, unopened for a full refund.

I never received any Credit Card Package to return. I don't want it anymore, if it would ever come after this nightmare. The glitch, they made sure my package never came to even have an option of returning it for any refund. They have debited over $300 from my account that I want refunded. My bank said I waited to long for a claim. This company knew in having me waiting endlessly for a package to come that they were buying time to make it hard for me to receive any return.

I demand my money back. Now no one is picking up the phone when I call and the 2nd # 800-471-3023 gives an error message.

Please stop these bandits.

Ruby
Lebanon, New Jersey
U.S.A.

This report was posted on Ripoff Report on 03/05/2004 01:38 PM and is a permanent record located here: http://www.ripoffreport.com/r/Capital-Choice-Consumer-Credit-Prime-Mega-Saver-Chris-Rivera-Tina-Marai/Miami-Florida-33172/Capital-Choice-Consumer-Credit-Prime-Mega-Saver-Chris-Rivera-Tina-Marai-ripoff-unaut-82932. 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.

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#1 Consumer Suggestion

FTC Final Judgment Closes Case on Capital Choice- $Millions$ ordered in restitution

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

If you have been victimized by Capital Choice, please read and follow the guidelines below for redress.

For Release: March 11, 2004

Final Judgment Closes Case on Remaining Capital Choice Consumer Credit Defendants

$36.7 Million in Consumer Redress, $10 Million Performance Bond Ordered Against Defendants for Their Participation in Major Advance-Fee Credit Card Scam

The Federal Trade Commission today announced a final court judgment entered against the remaining seven of 10 defendants charged in FTC v. Capital Choice Consumer Credit, Inc., et al. The defendants were charged with operating a large-scale advance-fee credit card scam in this Operation Dialing for Deception law enforcement sweep case. The judgement requires the defendants to pay $36.7 million in consumer redress for their participation in the scam, requires them to post a $10 million performance bond before engaging in, or assisting others in engaging in, telemarketing in the future, bans them from selling credit cards in the future, and prohibits them from the illegal conduct alleged in the Commission's complaint.

This is a terrific victory for consumers, said Howard Beales, Director of the FTC's Bureau of Consumer Protection. The court order not only shuts the door on a scam that duped hundreds of thousands of people, it also requires the defendants to pay millions of dollars in restitution.

The Commission's Complaint

The Commission's complaint charged the following defendants with operating a large-scale advance-fee credit card scam based in Miami, Florida: 1) Capital Choice Consumer Credit, Inc., Millennium Communications and Fulfillment, Inc. (Millennium), Ecommex Corporation, Hartford Auto Club, Inc., and their owner, Ricardo E. Martinez; 2) Johnnie Smith, chief executive officer of Millennium; 3) Wilfredo Lugo, general manager of Millennium; and 4) E-Credit Solutions, Inc., Scott A. Burley, and Zentel Enterprises, Inc.

The defendants marketed a credit card with a $4,000 credit limit. Consumers were required to pay $199.95 to receive the card. The FTC charged that the defendants led consumers to believe that the credit card they were offering was an unsecured, major credit card, such as a MasterCard or Visa. In fact, consumers received a line of credit that could be used only to purchase items from the defendants' catalogs with a substantial downpayment. In addition, according to the FTC, the defendants debited consumers' bank accounts for up-sale products such as auto club memberships and long-distance telephone cards without first obtaining their authorization, and failed to provide certain disclosures during the sales pitch, as required by the Telemarketing Sales Rule (TSR). Based on these alleged business practices, the Commission charged the defendants with engaging in unfair or deceptive practices in connection with the sale of advance-fee credit cards and with violating the FTC Act and the TSR by causing consumers' bank accounts to be debited without their authorization.

A stipulated final order, announced by the FTC on July 18, 2003, and subsequently signed by the court, banned defendants E-Credit Solutions, Scott A. Burley, and Zentel Enterprises, Inc. from the sale of advance-fee credit cards and from violating, or assisting others in violating, the TSR in the future. The order also prohibited the defendants from selling their customer lists or transferring any business information to other parties. Finally, it required the defendants to pay $601,031.58 to be used for consumer redress. A trial against the remaining defendants began on June 30, 2003, culminating in the final judgment entered by the court on February 19, 2004, and announced today. The defendants have filed for a rehearing, and that decision is pending with the court.

Terms of the Final Judgment

The final judgment announced today resolves the Commission's charges against corporate defendants Capital Choice, Millennium, Ecommex, and Hartford Auto Club; and individual defendants Ricardo E. Martinez, Johnnie Smith, and Wilfredo Lugo. It contains both injunctive and monetary provisions, as follows. The judgment first prohibits the defendants, and any entities under their control, from offering for sale or selling any credit card. It also prohibits them from offering for sale or selling any debit card without clearly and conspicuously disclosing the monetary limit of the card. Next, it permanently bars the defendants, and any entities under their control, from debiting or otherwise obtaining funds from a consumer's bank account or any other type of monetary account, unless they first receive written authorization to do so from the consumer, including the amount of the debit, the date of the debit, the goods or services in question, and the name of the entity that is authorized to make the debit or obtain the funds.

In addition, the judgment permanently bars the defendants from engaging or helping anyone else in engaging in telemarketing, unless they first obtain a performance bond of $10 million, conditioned on their future compliance with the FTC Act. The judgment also prohibits the defendants from violating the FTC's TSR in the future, from distributing their customer lists, and from transferring specific business information.

The judgment also requires the defendants to pay a total $36.7 million in consumer redress, broken down as follows: 1) defendant Ricardo E. Martinez and his companies are liable for the full $36.7 million; 2) defendant Johnnie Smith is jointly liable with Martinez and his companies for $17.6 million of the redress amount; and 3) defendant Wilfredo Lugo is also jointly liable for $16.7 million of the redress amount. Finally, the judgment contains reporting and monitoring provisions to ensure the defendants' compliance with its terms.

Copies of the final judgment, findings of fact, and conclusions of law are available from the FTC's Web site at http://www.ftc.gov and also from the FTC's Consumer Response Center, Room 130, 600 Pennsylvania Avenue, N.W., Washington, DC 20580. The FTC works for the consumer to prevent fraudulent, deceptive, and unfair business practices in the marketplace and to provide information to help consumers spot, stop and avoid them. To file a complaint, or to get free information on any of 150 consumer topics, call toll-free, 1-877-FTC-HELP (1-877-382-4357), or use the complaint form at http://www.ftc.gov. The FTC enters Internet, telemarketing, identity theft, and other fraud-related complaints into Consumer Sentinel, a secure, online database available to hundreds of civil and criminal law enforcement agencies in the U.S. and abroad.
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