BBB warns of acai berry weight-loss scam
Filed under: Ripoffs and Scams
There must be a trigger in the human brain that short-circuits when we see the word 'Free'. (not to mention the acai berry, which WalletPop named the #1 hottest product of 2008)The latest companies to make use of this fault to scam innocent, overweight consumers are Central Coast Nutraceuticals and FX Supplements.
These companies, according to the Better Business Bureau, have conned consumers into accepting a 'Free' samples of acai berry supplements for weight loss, implying an endorsement by Oprah Winfrey that her spokesman vehemently denies. Other celebrities including Rachael Ray have also been featured in ads that aren't quite endorsements but are obviously intended to imply such.
In the process of signing up for the 'Free' sample, the consumers were also enrolled in a monthly diet and fitness consultation service, at a hefty monthly charge. On the FX site, customers are required to fill out the form for the order before they can even see the terms of the agreement, unless they are savvy enough to scroll to the bottom of the page and hit "Terms and Conditions." See those terms below -- can you see what's wrong with this offer?
A spokesman for Central Coast told the AP that customers were to fault for not reading the fine print, in which the terms were clearly expressed. Customers were given two weeks to cancel the service before being shipped $85.90 worth of product monthly from FX Supplements or $40 monthly from Central Coast Nutraceuticals.
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Need more about the acai berry?? WalletPop named this little wonder the #1 Hottest Product of 2008, so you can find out what all the buzz is about. Also see what else made the list. |
The lesson to be learned here is to read the fine print especially carefully for ANY free or unreasonably cheap offer, and ignore celebrity endorsements. Scammers frequently target those who want to lose weight, gain sexual prowess work at home, or get rich, so view those offers with even more skepticism. You won't go far wrong if you accept the premise that "there ain't no such thing as a free lunch."
Here are the terms and conditions for the FX offer (the bold print and italics is mine):
"Member User Agreement
By placing your order for Acai Berry Maxx you agree to be bound by the following Terms and Conditions. You also agree that by submitting an order this will serve as your digital signature and that you agree to the below terms.
You will be receiving a full 15-day supply bottle of ACAI BERRY MAXX (which retails for $64.98) absolutely free. You only pay the non-refundable shipping and handling of $5.95.
By accepting this free 15-day supply you will be enrolled in our Renewal Program. You may cancel your membership in our Renewal Program within 14 days from the date that you placed your free trial order and you will receive no future shipments.
Please remember, most customers see most noticeable results by using Acai Berry Maxx consistently for 3 months.
If you decide that you love Acai Berry Maxx (which we know you will) you do not need to contact us, or do anything else to keep enjoying the benefits that Acai Barry Maxx brings you. Approximately 14 days after your initial order you will be shipped a full month's supply (two 15-day bottles) of Acai Berry Maxx for the low price of $79.96 (that's a 38% discount off of the retail price of Acai Berry Maxx).
Acaiberrymaxx.com is dedicated to improving the health and well-being of our customers by providing safe and effective natural supplement products made with the highest quality ingredients. Extensive research from top nutritional scientists goes into each of our proprietary products to ensure safety and efficacy for our customers. We are also committed to keeping our customers happy by providing the absolute best customer service in the industry.
About the Acai Berry Maxx Renewal Program
When you order the Free Trial of Acai Berry Maxx your credit card will be charged only shipping and handling.
You will have 14 days from your original order date to decide if Acai Berry Maxx is right for you. If you are enjoying Acai Berry Maxx, simply do nothing. On the 15th day you will be shipped and billed a full month's supply (2 bottles) of Acai Berry Maxx for the low cost of $79.96. Please remember most customers see significant/noticeable results after using Acai Berry Maxx consistently for 3 months.
Approximately 30 days from your original full month's supply date and every 30 days thereafter you will be sent a monthly supply of Acai Berry Maxx and your credit card on file will be billed $79.96 plus $5.95 shipping and handling. This way you insure you will conveniently have it shipped directly to your front door every month and never run out.
If you find Acai Berry Maxx is not right for you, simply email our Cancellation Department at cancel@acaiberrymaxx.com to cancel future shipments.
Only one trial offer per household. Only one credit will be issued per household on any returns.
The merchant name will appear on your credit card statement as Acaiberrymaxx.com. "
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Reader Comments (Page 1 of 24)
1-08-2009 @ 11:33AM
Nathan said...
We've been collecting stories from users who've been scammed by these Acai hawkers.
If you've been fooled by them, please send us your story.
http://acaiscam.org/
Reply
1-09-2009 @ 12:41PM
Michele Dodson said...
I was scammed by these people, and they tapped my account for the $89.50, a $21.15, and a $39.95 charge each month for 2 months. I did not catch it immediately, though I did attempt to cancel my membership, but was inundated with products. The hold time for calling to cancel was 72 minutes, and 45 minutes, and one time I was disconnected. I sent an email, when they finally returned the message a week later. When I finally heard from someone, they would not allow a return any but the LAST shipment. I have filed a fraud claim with my bank to insure money is returned to me, as they are completely manipulating the customer. Also, the way the form is filled out, I would normally have cancelled signing up, but thought that by proceeding I would see more. It only shows the terms on the first page, not when you click to see more details about the offer.
Also, I entered 2 credit cards on the website, but erased one, but BOTH of my cards were charged. In 8 weeks time, I was charged almost $500! Also, they were charged under different company names, as affiliates of this company. Apparently, they do business under different names so they cannot be held accountable for all the charges.
I finally sent back all products, including the free trial, to the company, registered mail, return receipt confirmation. They then sent me back a note indicating they had received my return.
I will reprot them everywhere I can, as the way they handled this was completely unethical and fraudulent.
1-09-2009 @ 4:26PM
Mockingbird said...
I bit on the ad. I didn't even get the stuff until the 13th day but had kept a record of when I ordered it so I immediately contacted the supplier and had them cancel any business at all with me which they eventually did.
1-09-2009 @ 2:59PM
diana kuruc said...
Nov 8 i sent away for "free sample" which I didn't get until after I was billed 11/23 for 89.31. I finally got a # to call (801) 208-7485 which I called and complained, called again 12/23 called again. 12/30.Anyway, I will again call today, and every week to see if I can get this $ back. I was told to be patient, they could only process 100 claims a day (sounds like a crock, but, whatever) Mine was not Maxx, so there is a whole slew of them out there with the acai berry gimmick going on. does anyone have a better phone number. I just called the above number an a voice said "this number was unassigned" Sounds like they had too many complaints so they had to change their number. Any help you can give me, would be appreciated. Tkxs
1-09-2009 @ 3:56PM
Jerine Watson said...
I got caught by the con artists at Central Coast Pharmaceuticals - and I DID read the fine print - thre was NO mention of the ongoing charge after accepting the "free" sample. I was so furious when I saw the unauthorized charge on my bank account I tried to reach the company but of course, they also say (on the package when it finally arrives) they will reimburse only 15% of the cost of UNOPENED product but you have to have the Product Return Number FIRST, and the Customer Service Number is a joke - the hold time varies from 64 minutes to over 85 and is never answered. I ended up contacting the BBB in Phoenix, the AG's office as well AND my own bank, which with copies of my letters were kind enough to return the cost of the first rip-off charge to my account. The product is drop-shipped from another company name in Florida, undoubtedly for less-stringent laws and the ability to pass the buck and delay taking any responsibility for customer dissatisfaction. Clever crooks, these.
1-09-2009 @ 3:58PM
diana said...
Im following up on a previous email to you. One responder said to contact Attorney Gen'l office. I live in NY. I pulled up the info on line, called the office, then download an internet complaint form, filled it in faxed it back along with my bank statement showing the debit. So let's see what happens.
1-09-2009 @ 4:31PM
Joyce said...
it also shows up on your credit card statement as "ACAIPURE' i really feel stupid for falling for this, i returned the items when I saw the extra charge beyond the shipping cost and was charged again for unsent items. I'm sure that I won't get a rebate because I didn't use the rbm code to return the item..what a fluke. Where do I go from here? Any input?
1-09-2009 @ 5:52PM
Donna Kovacich said...
I was fooled. I ordered the sample and of course it did not work for me so I just didn't worry about it. Then the day before Christmas they took 59.95 out of my account and the Colon Cleanser took 79.95 and I was cleaned out of money for Christmas Dinner. (I am on a fixed income) I thought I was being careful when I ordered I read the contact, sent both of them an email telling them if this is a scam they do not have my permission to take any money out of my account. I'm 60 and have seen this before. I thought I was being so careful. Even when they said my shipment was on its way, I again sent them emails reminding them no money out of my account. I have been calling and calling trying to find a way to get my money back I can't afford it and the important part, IT DOESN'T WORK FOR ME. What gives these people the right to automaticly take money from us without asking. There should be a law.
1-09-2009 @ 6:42PM
mrsb said...
I was looking into this ad, and decided I wasn't given enough information so I exited. Then a few days later, I got a call on my cell phone (I have no idea how they even got my number) asking me if I was ready to complete my order! I asked them to never call me again and I had no order.
1-09-2009 @ 7:50PM
Pat said...
I'm so glad I saw this on AOL's news headlines. I had already cancelled both the acai and the Fit Factory, after seeing the fine print right after I ordered. Took 4 days for the Fit Factory. However, this blog prompted me to call my credit card to advise them any charges from these companies, after the first $1.95, were not authorized. They thanked me for calling before there was a problem, and completely understood. I feel much more confident now that I will avoid unauthorized charges. Thanks!
1-10-2009 @ 12:52AM
Barbara said...
I got sucked into this scam. ALWAYS read the fine print. I didn't and before I knew it they had charged my credit card $183.00. It took forever for me to actually get any one to answer at any of the phone #'s. They used a different one for each time they charged my credit card. I finally got someone who had me send the last bottle received back for 70% refund. I still haven't received the refund. I notified my credit card companies involved in the purchases. So far no more charges have gone through.
1-11-2009 @ 6:42AM
Donna Kelly said...
Yeah, They got me the same way with a product called CYLAPRIL. This product was supposed to help with Adrenal Fatigue. I saw it on TV one night when i couldnt sleep. The Adrenal Fatigue Institute. I am waiting for my refund-----MINUS shipping an restocking fees. I have learned my lesson for sure. The problem here is, that not all infomercials are scams, This means they will al suffer because of the scammers oyt there. I sold real estate and life insurance during my working years, and I never did scam anyone. Today if i see any of my customers on the street i can say hello. I dont know how they can sleep at night. This little game of theirs has affected my checking account, Im sure im not alone here. I hope lots of people see this before they get taken in too. Also the debt solution companies are a scam too.Donna
1-11-2009 @ 8:40AM
Peggy said...
I have been scammed!!! I return the unopened package with a message written boldly on it. I have contact my credit card also.
I could kick myself for falling for this "free offer."
What a headache this has been. The BBB (or someone) should press charges! If you can help, please advise
1-11-2009 @ 10:22AM
susan said...
i had ordered colorpure from central coast nutraceuticals and did not realize that i had not unchecked the boxes for the hooodburst gum and hoodiawater cost $45.85- when i received theses in the mail i immediatley called waited 1 hr to get to a representative and received a return number for credit- i sent it out the next day which was 4 weeks ago and still have not received my refund. when i call they say the fulfillment house has not notified them yet about the return- i also called to return the colonpure and was told use it and return it within 30 days - i had read the return was 14 days and the representative told me no you can return it within 30 days- i returned it on 1/5 a little over two weeks of receipt and they charged my card $38+ for not returning it within 14 days- i had gotten a return number for that product also- you are right this is a scam and i called my credit card company to reverse the charges-
1-11-2009 @ 1:45PM
Nancy said...
I too, purchased the product. On 8/27/08 they took the money out of my checking account, the product was sent back unopened certified mail, which they signed for. I have the copies from the US Post Office. After receiving the notice from the Post Office I stated calling them, leaving messages, I emailed them as well.
Someone from there called me and left a voice message on my home telephone stating they refunded the money, but talk is cheap.
I called them and was told that the money was credited to my charge card on 9/15/08. I contacted my bank and was told no such credit was received. To date I still do not have the credit.
1-11-2009 @ 4:30PM
Miss Marcia said...
Like Michele Dodson, I didn't know the "fine line" until I read my confirmation. I ordered on 1/3 and as of 1/11, I still haven't received it and the "fine line" says I have until 1/13 to return. So on 1/8, I called Acai Berry Ultimate cust. service, canceled my order and got a RMA number but, have not received anything. I don't think they even mailed it, they were going to wait until 1/13 so that they could charge me the "low" price of $88.62........NOT!!!!!!
1-12-2009 @ 3:43PM
Maggie Eriksson said...
I was scammed on Acai also, but by a different vendor, called "Health Buy". They offered a "free trial", with cancellation after 14 days. They did not make clear that the 14 days began on the day it was ordered, not on the day it was received. Consequently I received an automatic shipment of two bottles for $69.95. When I called to cancel and return the shipment they said it was a non-refundable purchase and I would not receive any credit if I returned it. I argued with them by phone and they finally relented, allowing me to return the shipment, but with a "return" fee, and a "restocking fee" totalling $30.00 deducted. They ultimately returned the $39.95.
When will regulations be put in place that will make such scams punishable by fines on the business owners? If fines are imposed on the companies, the companies will just reorganize under a new name.
Thanks,
Maggie
1-12-2009 @ 11:36AM
Charlotte said...
SAD TO SAY I TOO FELL FOR THEIR AD. IN TRYING TO EMAIL THEM TO GET IT STOPPED MY MAIL KEEPS BEING RETURNED SAYING ERRORS WERE MADE. THEY SURE WERE, BY ME!
1-12-2009 @ 1:03PM
Charles Clifford said...
I received the same kind of scam in an email and fell for it. I clicked on the offer to get a green tea supplement. I was to pay only shipping and handling of $3.98. I don't think I ever saw the conditions which were that within 30 days I had to cancel or I'd receive a shipment for about $80. I never canceled and received the shipment which I did not open. I paid for the transaction via the GM Card. I contacted them to refuse payment. The GM Card refused to honor my request saying it was my fault for not reading all conditions. I think The GM Gard fraudulently adveritises that it has credit card protection. Is there a federal government agency which prosecutes such scammers? They seem to operate with impunity.
1-20-2009 @ 1:20AM
Ron said...
My story is about Total Cleanse.
I sent for a free sample which I used my credit card to pay the shipping and handling of $5.95.
Unknown to me, I was signing up for a continous program in which &79.00 would be withdrawn from my checking account.
I immediatly called the Company and canceled.
I requested a refund and was told that a representitive would return my call within 24 to 48 hours.
I never heard from anyone after calling several times.
I reported this to my Bank and was eventually told that I had to send back the remaining product in order to get a refund.
I was also told by my bank that my Debit card would be canceled, Being around the holidays, I marked it up as my stupidity.