Unauthorized Charges and collection
Complaint
April Wood
Country: United States
I ran across a 2 week free trial of Amazon Diet online at www.theamazondiet.us and signed up for it I put my checking account number and routing number to pay for the shipping which was 4.97 I read the terms and conditions which stated that after you receive the product you have two weeks to try it if you are not satisfied send it back within that allowed period and owe nothing, I filled this form out on 7/30/07 received the product on 8/30/07 and mailed it back on 9/4/07 well I started receiving letters from a company called Cyber Collect saying I wrote bad checks etc to Momentum direct they tried to deposit two checks in my account one on 8/14/07 for 49.95 then another on 8/16/07 for 54.95 I received two letters from this company each adding a 30.00 fee so now Momentum has me owing them 164.90 for a 2 week trial before the trial was even over...I've found many complaints online and also 300+ complaints on the BBB site, this company is definitely not treating it's customers right I have spoke to someone in customer service who says this will be taken care of but I somehow doubt it by seeing everyone else's complaints.
My main concern is this collection company turning me into the bad check writer's national database and I'm not a bad check writer for some reason whether it be on my end or Momentum Direct there is a typo in my account number but I'm glad there is because if there wasn't Momentum Direct would owe me a refund big time. Please help.
April Wood
My main concern is this collection company turning me into the bad check writer's national database and I'm not a bad check writer for some reason whether it be on my end or Momentum Direct there is a typo in my account number but I'm glad there is because if there wasn't Momentum Direct would owe me a refund big time. Please help.
April Wood
Comments
Change your checking account number to prevent further fraudulent charges.
Then proceed to file ALL of the following complaints, as you appear to be dealing with a company willing to both engage in consumer fraud, and use debt collectors to assist them. They will therefore treat any appearance of weakness or uncertainty on your part as an opportunity to pry money from you.
Your return and cancellation of your order under their "free trial" offer was hardly unexpected, since they know they made that offer, yet they were instantly ready to rush the "account" to collections, rather than honor their cancellation terms. Note that other complaints report that they gave other consumers the run-around when they tried to cancel, and continued to make additional unauthorized charges, even after the consumer had attempted to cancel.
Those types of actions are your clue about what sort of outfit you are dealing with. They tell you that this was intentional, planned from the beginning, and not an accident. Make your complaints against both Amazon Diet/Momentum Marketing, and against Cyber Collect, for aiding and abetting their scheme to make fraudulent charges to consumers' bank accounts.
File a complaint with your state AG.
File another complaint with the Texas AG.
Also go on line and file a complaint with FTC.
You might also file a complaint with the U.S. Postal Inspector.
Then contact a local consumer reporter with your local newspaper, TV, or radio station.
With regard to the letters from "Cyber Collect", did they include notice of your FDCPA right to dispute and request validation? If not, they violated FDCPA.
Regardless, send a letter to "Cyber Collect", via certified return receipt requested U.S. Mail, disputing the alleged debt, and request that they send validation. Notify them that the alleged "checks" they claim to be collecting on were fraudulent charges made by Momentum Marketing, and that you have filed complaints against both of them with your state AG and with the FTC for consumer fraud.
Fraud associated with "free trials" is commonplace. They make a purchase from a complete stranger appear "risk free", knowing that they can always sign you up for their "plan", claiming you never cancelled, or you didn't return it in time, and threatening you with a "collection agency".
They will always claim you can't "prove" anything, and might even pull out snippets of a recorded call to prove you "agreed". That, of course, has no bearing on cancelling under their return policy. Your receiving the order a month later than you ordered may also be a clue. Although you returned it in only 5 days, they will probably claim they sent it weeks earlier, and YOU sat on it, missing the 2 week deadling for cancellation.
From their website, "The Amazon Diet" appears to be in Texas. They have some highly visible "As seen on NBC" logo, yet I cannot find anything on msnbc.com about them. Why don't you contact Dateline, and ask them whether NBC has ever reported on "The Amazon Diet", and if so whether their report was positive? One of the TV news networks did an expose a few months back on phoney pill claims, and maybe it is time for another.
Complaintsboard.com shows 7 complaints against them, including your own, all basically for the same problem: consumers ordered under their "free trial", and they ran thru additional charges. Print it out and include it as part of your dispute thru your Bank, as it shows systematic violation of the ACH rules.
http://www.complaintsboard.com/?search=amazon+diet
What are addresses, and phone numbers, of the "collection agency"? All I can find on "Momentum Marketing" is some shady internet "marketing" outfit on RipoffReport.com in Tennesee that appears to be unrelated. I can't find much on any "Cyber Collect". They don't appear to be a member of ACA International. They may be just an AKA for Momentum Marketing/The Amazon Diet that they use to squeeze cash from consumers when their charges get blocked. Or they might be the company referenced in these meeting minutes:
http://www.ci.marshalltown.ia.us/CityGov/AgeM ... &A%5C021903.htm
Here is another reference:
http://www.buckleykolar.com/publications/InfoBytes102105.html
If you make any purchases by mail, either via the internet, or by phone, always use a credit card. That gives you leverage in case of unauthorized charges due to your FCBA dispute rights. NEVER do "phone checks". Anyone asking for bank routing information is up to no good. Even better, NEVER do business with companies you don't know, and can't check out. Sometimes, the only way to win is not to play.
"Amazon Diet
Posted: 2007-01-12 by Carolyn Corley
Fraudulent charges
...
I ordered a product and returned it within the time to discontinue any more charges and they charged my account twice in September and October and I called seven times with no satisfaction just a run around with different numbers telling me to call another number. I have e-mailed them with copies of their fraudulent charges to no avail. ..."
"Amazon Diet
Posted: 2007-09-07 by Wanda Boeck
no prodect keep taking money out of accont
Complaint Rating:
I orderd the amazon diet for a trial the next thing I know is that they are withdrawing 49.99 out of my checking account, so i called there so called customer service and they were no help at all, so I emailed them that I wanted a refund ( never recievd aproduct)still no responds. One week later much to my suprise they took another 58.93 from my account.which cost me anther 31.00 overdraft fees and caused me to have to close my account..."
"Momentum Direct / Amazon Diet Pills
Posted: 2007-01-19 by SANDRA DE LA CRUZ
Withdraw money from my bank account, within 4 days for different amount
Complaint Rating:
I order a free trial of the Amazon diet pills. They ask for the bank information to pay the shipping charges with an electronic check, I gave them the info on 12/12/06. I did not receive anything.
On 01/09/07 they deposit another electronic check for the mount of $49.95. I try to call and they answer and say that they do not have my name on file, as a customer...
On 01/16/07 they deposit another electronic check for $58.95 . I called again and they said they found my name and they will cancel my account and send my a check. ..."
"Momentum Direct
Posted: 2006-09-22 by Pat
Help, they are ripping off people!
Complaint Rating:
I returned this product that didn't work and i also spoke to David 4 times and he keeps telling me my refund is in the mail and i still have not rec'd it.
You never can talk to anyone because all you ever get is a recording.
Help, they are ripping off people like me. "
Momentum Direct
Posted: 2006-12-26 by Lauri Kniffin
Momentum Direct - fraud!
Complaint Rating:
I, like the others who have complaints, sent for the free trial then have been charged 49.95 and 58.93. I have never received any product. I called the number and talked to someone who said they would direct my complaint to the "home office" and I would receive a refund.
After reading these other complaint I realize this will never happen. I can't believe I was this stupid. In this day and time I should more careful. I just hope we can stop this company before they get away with more people's money. "
"Momentum Direct
Posted: 2006-11-20 by Sandra De'Lana Gatlin
Charged my account, no product received!
Complaint Rating:
Momentum Direct charged my account and I received no product from them yet. And the number is not reachable at all. "
"Momentum Direct
Posted: 2007-06-14 by Joseph Fernandes
Consumer fraud
Complaint Rating:
I was fleeced by this company. I asked to have the service terminated. I returned the product and they promised to refund my money. I never received the refund. They resumed the billing and I was not monitoring my bank statement that closely. I've been billed seven times subsequently for a total of $412. When I called my bank, they told me that they can't do anything. I have to close my account and go through the process of notifying all the legitimate companies I deal with that the Account has been changed. This company should be stopped from dealing thought the internet and defrauding people. They now don't answer phone calls but are probably still draining the unsuspecting. "
"Momentum Direct
Posted: 2007-09-05 by Adam
Taking money daily from my account
Complaint Rating:
Hello,
I have recently become a victim of the Momentum Direct scam. I would greatly appreciate any advice you could give. I never ordered their product, but they somehow have gained access to my checking account and they are taking money daily from my account. Thank you! "
"Momentum Direct
Posted: 2006-10-11 by Carole J. Rarick
Cancellation and refunds
Complaint Rating:
I cancelled my account after receiving the product.
They continue to take the money from my bank account and have not refunded it per our agreement. They do not return my calls or e-mails and are constantly saying their customer service lines are busy. Help!!!! "
"Momentum Direct
Posted: 2007-04-30 by Sarita Shimrock
Product was returned and cancelled and they still charge me $59 a month!
Complaint Rating:
I ordered a weight loss pill called Amazon Diet from Momentum Direct. They required a check number and said that if I was not satisfied I could return the pill with in 30 days and cancel and not charge me anything. I tried the pill and it did not do anything, so I return the bottle by Federal Express (so I would have a record) and cancelled the product. It took a month or two, but now I have been charged over $58 a month for 4 months. I have sent them numerous emails and their product back but they still charge my account. I just put a stop payment on them deducting any more money from my account, but I may just change banks. I think it is horrible that they can get away with this. I am going to file complaints about them anywhere I can."
"Momentum Direct
Posted: 2007-09-10 by Amy Nelson
unauthored charges to checking acct.
Complaint Rating:
I ordered a free trial of Amazaon Diet and received the product. I called the company to cancel the account and return the product. They asked of an order number which was not included in my package and was told I could not cancel the account without this number. I looked the company up on the internet and found various other complaints about unauthorized charges. I called my bank immediately and a charge for 49.95 had been made to my account the same day I tried to cancel. They used a check number that had already legitamately been posted to my account. My bank has sent this back as unauthorized and I had to open a new account to avoid any new charges. DON'T ORDER ANYTHING FROM MOMENTUM DIRECT!!!!!!!! "
"Momentum Direct
Posted: 2007-09-04 by Pam Leonard
Scam - rip off
Complaint Rating:
I ordered free trial of a diet product. The product did not even arrive before the 14 day trial had expired. Now they will not answer emails. When I call by phone, a recording says I will be assisted by the next available person and then I get cut off. I am expecting to find that they have already taken the payment of $49.95 from my bank account as soon as it opens from the holiday. "
And many more...
Common pattern: They get your bank account, and run charges thru, whether you cancel or not. The "free trial" offers, and any cancellations consumers attempt to make under it, are routinely ignored. They are careful to ensure that the consumer will fail to be able to cancel, either due to receiving the product after the cancellation period has already ended, or by simply leaving the "order number" out of the shipment. They even charge when they don't ship. And if their "checks" bounce, they send them to Cyber Collect.
Search results: 2 matching "cyber collect"
"Momentum Direct
Posted: 2007-09-11 by April Wood
Momentum Direct is a scam!
I sent a letter to Cyber Collect today disputing the charges from Momentum Direct, and I also sent a fax to Momentum Direct telling them to cancel my account and quit trying to make unauthorized withdraws from my account or I would take legal action. Everyone keep your paper trail I have emails,... "
"Momentum Direct
Posted: 2007-09-06 by April Wood
Scammers
OK so I called this number 281-356-9939 and spoke to Kasey she assures me there will be no more charges and that she will tell Cyber Collect to stop the collection process...so we'll see I'll keep you updated I say we get a class action against these [***].
April... "
April, you have no way at this time to know whether Momentum is actually retrieving the "account" from Cyber Collect, or whether they are just stringing you along. The pattern based on the above reports is that they are likely to do the latter, and that is supported by consumer reports that they send their bogus "checks" to an outside collection agency even when they know they are unauthorized, even when the charges were blocked due to stop payments and account closures after consumer caught their unauthorized charges.
Should you see any other attempt to either withdraw money from your account (whether successful or not), attempt to collect thru a collection agency, or put damaging information on your credit reports, that will be your clue about whether they will back off, or were just stringing you along.
In that event, you had better be prepared to file complaints as suggested above, dispute any erroneous marks on your credit reports, etc., and sue any collection agencies that refuse to remove them.
And be sure to keep all your paperwork for the next 8 to 10 years, as these sorts of "accounts" often end up being sold off and come back years later.