Charged over $700 in fraudulent charges
Complaint
Lety Gonzalez
Country: United States
Momentum Direct charged my personal checking account in an excess of $700 dollars without authorization and they were charged 13 times within 45 days. This company is a fraud and needs to be brought to justice!
Comments
Include in your dispute that the Texas Attorney General has sued them for various fraudulent activities including charging consumers accounts without authorization, and that they are under a court restraining order.
Insist that your bank handle these as FRAUDULENT charges. It is pointless to try to handle this as a "merchant dispute", since Momentum Direct will probably just string you along until your 60 day dispute period ends, at which time your bank is out of the picture, and your money is gone. Prior to that, your bank can reverse the charges due to fraud, take the money from their account, leaving THEIR bank out the money if MD isn't good for it.
File complaints with FTC, your state AG, and the Texas Attorney General.
Past complaints have reported that consumers were billed approximately every 2 to 4 weeks for shipments even when they attempted to cancel. If you had $700 piled on in such a short time (only 45 days), it may indicate MD is grabbing whatever money they can from accounts they have access to before the courts can stop them. That implies they expect to be shut down, and may be preparing to cut and run. Be sure to call the Texas Attorney General to inform their office if this shift in tactics.
BBB reports:
http://houston.bbb.org/WWWRoot/Report.aspx?site=148&bbb=0915&firm=13000088
"BBB Rating
Based on BBB files, this business has an unsatisfactory record with BBB due to 29 unanswered complaints and 93 unresolved complaints.
This company has 59 pending complaints. The BBB reports on closed complaints only in the total number of complaints listed below. Please check back with us in 30 days to find out the outcome of these pending complaints.
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Business Address: 1010 South Magnolia Boulevard
Magnolia, TX 77355
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Additional Locations & Phone Numbers
4102 Cadillac Court Louisville , KY 40213
P O Box 665 Magnolia , TX 77353
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Government Action(s)Back to Top Online Weight Loss, Skin Care Products Retailer Ordered To Stop Making Unauthorized Withdrawals The following information is an excerpt taken from a press release issued by the Office of the Attorney General. For more information regarding this action please visit the link above.
On September 5, 2008 the Texas Attorney General issued an asset freeze and temporary restraining order prohibiting Momentum Direct, L.L.C., and its owners, Robert B. and Christopher M. Jones, from making unauthorized bank account withdrawals from customers who attempted to cancel their orders, or who did not desire the defendants’ products in the first place. Complaints filed with the Better Business Bureau and Attorney General's office cited numerous instances of false advertising, deceptive business practices and unkept promises.
The following information is an excerpt/summary and was gathered from the Agreed Temporary Injunction. On September 29, 2008 Momentum Direct, LLC, Robert Jones and Christopher Jones (hereafter referred to as “Defendants”)entered into an Agreed Temporary Injunction following the suit the was filed against them on September 5, 2008 by the Texas Attorney General’s Office.
The company and its principals are temporarily restrained from engaging in the following acts or practices:
- Representing that [the Defendants are providing a “FREE” full bottle of 2-Day Slim Down, PermaSlim, 20 Minute Face Lift, Amazon Diet, or any other weight loss product, dietary supplement or skin care product, unless such products are actually free.
- Automatically shipping and/or billing any new customers for a bottle of Defendants’ products, including but not limited to 2-Day Slim Down, PermaSlim, 20 Minute Face Lift, Amazon Diet, or any other weight loss product, dietary supplement or skin care product, on a monthly basis, unless it is clearly and conspicuous in bold type print disclosed and agreed to by the customer in advance in writing.
- Sending unsolicited products to consumers.
- Charging a consumer for any product after Defendants knew that the consumer had canceled the order.
- Charging a consumer for any product after Defendants knew that the product had been returned by the consumer.
- Making any unauthorized withdrawals from a consumer’s bank accounts after Defendants knew that an order had been canceled or the product had been returned.
- Distributing, shipping, mailing, delivering or sending any of Defendants’ products which the Defendants know or should have known, had not requested, purchased or ordered such product.
- Representing in any advertising of any product, that any of Defendants’ products are “FREE” unless such products are actually free.
- Failing to include the following FDA disclaimer statement for structure/function claims on all labeling of dietary supplements: “This statement has not been evaluated by the FDA. This product is not intended to diagnose, treat, cure, or prevent any disease.”
- Failing to provide a reasonable, complete and accurate means of communication for consumers who wish to contact Defendants, including an accurate mailing address, phone number, facsimile number and email address, disclosed on all advertisements and products shipped to consumers.
Defendants shall not advertise, sell or distribute any of their products to any person, entity or distributor of the Defendants known to Defendants to be engaging in the conduct and advertising prohibited in the Order.
It is further ordered that any website of the Defendant which offers for sale, advertises or markets Defendant’s products shall in the order process page, have a pop-up window advising the orderer that if they complete the order, they will be automatically shipped and automatically billed for future product, unless the orderer cancels future shipments through the website.
The final trial is scheduled for March 2, 2009.
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