scam!
Complaint
Patrick Jernigan
Country: United States
I recently received a phone call from 1-888-279-9221 and also 1-877-855-4547 that told me I had won a $1000 online shopping spree. All I had to do was answer a few questions; little did I know the questions were about my bank account information. Beware, everyone, if you get a phone call from this number(s). It is a scam. After doing some research on the company, I discovered that they use your bank account information to rob you. The report I read was written by a woman who had the same experience with this company. She was told that she would receive magazines in the mail. She received no magazines but money was still withdrawn from her account.
For those that get a phone call from this number, DO NOT answer.
For those that get a phone call from this number, DO NOT answer.
Comments
You are probably OK as long as you have provided no account information, but always check your statements and dispute ALL unauthorized charges.
Never use debit cards, check cards, or checking accounts for making on-line or retail purchases, as they expose you to increased risk of fraud, and increased damages should fraudulent charges occur. Do not even activate debit or check cards. Use only ATM cards with PINs at your own bank's ATMs. Use checks only for payments to companies you already know and trust, such as mortgage, rent, utilities, etc.
Use credit cards for all on-line or retail purchases, as it is much easier to cancel credit cards without disrupting payments to legitimate creditors.
If you dispute due to fraud, the charges get reversed by your bank, they get charged a fee by their payment processor for the charge-back, and if their rate of charge-backs is too high, they risk having their merchant account closed, blocking their ability to charge customers.
BBB report, rated "D-":
http://www.bbb.org/atlanta/business-reviews/s ... ell-ga-27213900
Obviously alot of people are falling for it, but are too ashamed to say anything, or these scam artists wouldn't be doing it.
Have a nice day!
ALL TERMS OF THE OFFER MUST BE DISCLOSED BEFORE THE PURCHASE.
Adding additional terms, such as no cancellation policies, after obtaining payment information, or failing to disclose them, is a fraudulent telemarketing practice on its face.
From the above FTC website:
"...
You must not misrepresent the consumer's right to cancel. Before the purchase, you must clearly and truthfully disclose:
* Any "no refund" or "no cancellation" policy, if you have such a policy.
* If you talk about refund, cancellation, exchange or repurchase options during your solicitation, you must disclose all material terms and conditions of your refund and cancellation policy.
* If you have a policy of accepting cancellations or making refunds or exchanges, you don't have to raise the subject. But if you do — or if the consumer requests information — you must clearly disclose all material terms and conditions of your refund, cancellation or exchange policy.
..."
That is an indication they are engaged in fraudulent and deceptive telemarketing. The ONLY reason to disclose your credit card number is if you have already decided to buy, and they haven't even made their "offer" yet. They can now decide whether you "ordered" magazines, even if you hang up.
Note that this is a court order requiring compliance with the FTC's Telemarketing Sales Rule (TSR), among other things, but that ALL TELEMARKETERS are required to comply with the FTC TSR, even those who haven't been sued yet.
http://www.ftc.gov/opa/2009/10/telephoney.shtm
http://www.ftc.gov/os/caselist/0823084/091009usmagstipfinal.pdf
"FEDERAL TRADE COMMISSION,
Plaintiff,
v.
YOUR MAGAZINE PROVIDER,
INC., a corporation, also D.B.A.
PERIODICALS, and
U.S. MAGAZINE SERVICES; and
JASON W. ELLSWORTH,
Defendants.
...
IT IS THEREFORE ORDERED that, in connection with the marketing, offering for sale, or sale of any product or service, Defendants and their officers,
agents, servants, and employees, and all other persons who are in active concert or participation with any of them who receive actual notice of this Order by personal service or otherwise, are permanently restrained and enjoined from:
A. Failing to disclose truthfully, in a clear and conspicuous manner, before consumers provide their credit or debit card account numbers or any other billing information:
1. The amount, frequency, and duration of any payments;
2. Any policy of not making refunds or cancellations or, if Defendants make a representation about a refund or cancellationpolicy, all material terms and conditions of any such policy; and
3. Any other fact material to a consumer's decision to purchase such product or service;
B. Misrepresenting, directly or by implication, any fact material to a consumer's decision to purchase such product or service;
C. Charging or debiting, or causing to be charged or debited, a credit card
or bank account of any consumer for renewal of a magazine or other subscription without the express informed consent of the consumer; and
D. Violating, or assisting others in violating, any provision of the
Telemarketing Sales Rule, 16 C.F.R. Part 310, including, but not limited to:
1. Section 310.3(a)(1)(ii) of the TSR, 16 C.F.R. § 310.3(a)(1)(ii), by failing to disclose truthfully, in a clear and conspicuous manner, before a consumer pays for the goods or services offered, all material restrictions, limitations, or conditions to purchase from Defendants, including the amount, frequency, and duration of any payments;
2. Section 310.3(a)(1)(iii) of the TSR, 16 C.F.R. § 310.3(a)(1)(iii),
by failing, if they have a policy of not making refunds, cancellations, exchanges, or repurchases, to disclose that this istheir policy; or by failing, if they make a representation about a refund, cancellation, exchange, or repurchase policy, to disclose all material terms and conditions of such policy;
...
..."
Telemarketers are required by FTC's Telemarketing Sales Rule (TSR) to disclose any restrictions on cancellation prior to accepting an order or receiving payment information that they claim was acceptance of their offer.
Any time you only find out at a later time that you supposedly can't cancel, but that was not disclosed up front, then the original call was deceptive and fraudulent, in violation of the TSR. That is one basis for disputing the charges through your bank as fraudulent, as well as the basis for filing fraud complaints with FTC and your Attorney General.
selectyourgifts.com has been well proven to be a SCAM. They have the crappiest gifts available and charge you $5 for each selection as a "fee" and also charge you for the shipping and handling (about $7 for each gift) So you end up paying out more than what the Piece of junk is actually worth.
For further reference I recommend http://inspirationforeverydaylife.blogspot.co ... urgiftscom.html