- Report: #178965
Report - Rebuttal - Arbitrate
Complaint Review: TruGenix Hoodia ECurve Trugenixfitness
TruGenix Hoodia ECurve Trugenixfitness857 West South Jordan Parkway South Jordan, Utah U.S.A.
TruGenix Hoodia ECurve Trugenixfitness I believe this company uses deceptive practice, some items never received, charged for items never received or ordered ripoff South Jordan Utah *EDitor's Suggestions on how to get your money back into your bank account!
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Today I spoke with your representative regarding an order that both myself and my daughter placed in January.
As the order never arrived as promised in January, being a 3-5 day delivery, I called and spoke to Candice on 8th February regarding the order not being received. Candice apologized and said that they would resend the trial order.
To date this has not been received yet my credit card was charged for the trial order on January 31st, 2006 for both my order and for my daughters order in the amount of $6.95 per each order. I received my order late and my daughters order was and has never been received, which both of your representatives have agreed and both offered to reship. The first time, I agreed and asked Candice to do so, today I said just refund the two charges for the trial and following shipment to my card for this mishandled order.
In my conversation today with your representative, I was told that your company was completely within the bounds of their "Terms and Conditions" not to refund the charges against my card for my daughters trial order, charges dated 1/31/06 for $6.95 nor for the following automatic order as per the terms and conditions, not received but billed to my credit card of $46.95 on 16 February 2006.
I asked that these charges be reversed as she never received the "Trial" product promised and paid for and is now being billed for a multitude of items on my credit card that I feel are wrong legally and ethically. Also, your representative stated that it did not matter that my daughter never received her trial order and that the date of order, not the date of shipping or received was all that mattered in our ability to cancel, the 15 days to cancel. A product still not received. How can you "try it for free" if you never receive it?
Also discussed today were additional charges for both myself and for my daughter for "E Curves" in the amount of $28.97, billed twice on 20 February 2006. As I told your representative this was not discussed in my conversation with your representative on the phone and I clearly asked your representative in our discussion of the "Trial" order if this was all that I was ordering and if I could cancel and she said yes.
Today your representative stated that we agreed to the E Curve program in the Terms and Conditions on the "Hoodia" free trial website. I feel that this is very wrong. The webpage is clearly for ordering the Hoodia trial product and terms and conditions should only apply to the order of the trial product. If the trial is never received then how can a person "try" it before they are billed for a multitude of items such as E Curve, that has nothing to do with ordering the Hoodia product.
I feel this is very deceptive and there isn't even a reference to the E Curve product on the website main page but hidden in terms and conditions for the Hoodia product.
I asked that my card be credited for both the trial charge on the order never received for $6.95 and for the additional charge of the automatic order of $46.95 and for both charges for the E Curve of $28.97 charged twice to my card.
I was told that the non shipped order would be reshipped but that the billing would not be credited for the Hoodia products, just they would mail them and keep my money. Additionally, I was told that the E Curve would have to be cancelled and no refund would be made, but only through the E Curve website.
I never received any information that there was an E Curve subscription, nor did I ever receive a web address for such. Neither have I ever received a login or password to such a website. Yet you are charging me and my daughter a total of $14.00 per week for a subscription of something.
Here is a summary of actions that I am requesting that you take immediately.
My Visa credit card ending in number ending in 6098 be credited today as follows:
A credit of $6.95 for my daughters trial Nutra Hoodia that was never received.
A credit of $46.95 for my daughters automatic order for Nutra Hoodia not received.
A credit of $57.94 for the E Curve subscription which is a hidden subscription only found in your Terms and Conditions for a trial order of TruGenix.
The total credit that I expect returned to my credit card is: $111.84 today.
I agree to accept the charges against my credit card for the items that I ordered and agreed to as follows:
One charge of $6.95 for the Trial order of the TruGenix as agreed
One charge of $46.95 for the monthly order of TruGenix as agreed.
Also note that in your list of items in your Terms and Agreement, "Exercise program billing:" appears to be a completely different item agreement for your customers that are ordering such and as well even the price that you are showing online for those customers ordering this isn't the same as you charged to my credit card, twice. I didn't order this.
Finally, I did go to your website and there is NO link or information or mention of the E Curve product other than in your TruGenix terms and conditions. As you directed me to go to their site to cancel, I looked at your site and found no reference or link other than in the body of the "Terms and Conditions of use of supplement and exercise programs" and then only under Exercise program billing, which again is confusing as we never ordered any of your exercise programs nor were we offered such in the application nor was there an opt in or opt out or any mention of this in the application or the followup phone calls with your representatives until
I called today to ask what the E Curve billing was.
I did find in this section under the exercise program a web address to the eCurves Fitness Clubhouse as www.ecurvesclubhouse.com.
Are you aware that I never ordered any of your "exercise programs" and you never sent me a link to or welcome to or password or login. Please, this is very deceptive and I can't even logon to your eCurve place to cancel and order that I never made because I HAVE NO LOG-IN OR PASSWORD.
This is more than a little frustrating. Charging me for products that I am not getting and did order then not allowing me to cancel because you didn't ship then charging me for an exercise program that isn't even mentioned or referenced on your trial order page except buried in terms and conditions for what appears to be other products and now I can't even cancel because I don't have access to something that I didn't order.
Please advise with your intention to credit my Visa for the requested amount of $111.84 and as well confirm that neither myself nor my daughter will receive or be charged for any product from your company or associated companies. Please confirm that both TruGenix orders are canceled. Please confirm that the eCurve subscriptions that were never ordered or activated are canceled as I have no access to do so. You are also advised and requested to make no charges to my credit card and requested to refrain from any third party release of my private information given to you only for the 'Trial' order of the TruGenix in January of 2006.
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My notes: The hidden subscription to this exercise program appears only in the terms and conditions. It also appears as though it is another line of products having nothing to do with ordering the Hoodia. Also in the terms and conditions if you file a dispute with your credit card company, TruGenix warns of additional charges that they will charge to you and collect, such as a $30.00 fee and a very pricy 150.00 legal fee if they refer to counsel for collection.
CLICK here to see why Rip-off Report, as a matter of policy, deleted either a phone number, link or e-mail address from this Report.
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
Don't let them get away with it.
Make sure they make the Rip-off Report!
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This report was posted on Ripoff Report on 03/02/2006 01:32 PM and is a permanent record located here: http://www.ripoffreport.com/r/TruGenix-Hoodia-ECurve-Trugenixfitness/South-Jordan-Utah-84095/TruGenix-Hoodia-ECurve-Trugenixfitness-I-believe-this-company-uses-deceptive-practice-som-178965. 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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