Beware Of Teeth Whitening Free Trial Scam

chai

Hi
I would just like to make others aware of this issue, that I myself got caught out with last night. I had seen an advert on a known selling site and after reading reviews of the product itself I signed up for a free trial of 'spark whitening' in which I agreeed to pay the postage. Only after receiving the confirmation e-mail did i realise something was wrong and discovered at the same time I was most likely about to be scammed, This being that they automatically joined you to their club membership and would aoutmatically take the money from your account each month,(at no point in the sign up process was this put). I immediately tried to cancell this trial and even that was a ridiculous process, and do not fully trust that it has been cancelled properly without them trying to get some money from me. I also contacted my bank this morning and explained the situation to them tho they are unable to do any thing until the company tries to take the money.
After doing more reading online I find this has been going on a while, My mistake was failing to follow my own advice to check-check-and check again, And I failed to check properly on the company it's-self hindsite is a wonderfull thing.
I at least hope this post might avoid someone else having to suffer.
I have not posted links to the sites involved as I was not sure if this was against forum rules.

keyser666

chai wrote: »

Hi
I would just like to make others aware of this issue, that I myself got caught out with last night. I had seen an advert on a known selling site and after reading reviews of the product itself I signed up for a free trial of 'spark whitening' in which I agreeed to pay the postage. Only after receiving the confirmation e-mail did i realise something was wrong and discovered at the same time I was most likely about to be scammed, This being that they automatically joined you to their club membership and would aoutmatically take the money from your account each month,(at no point in the sign up process was this put). I immediately tried to cancell this trial and even that was a ridiculous process, and do not fully trust that it has been cancelled properly without them trying to get some money from me. I also contacted my bank this morning and explained the situation to them tho they are unable to do any thing until the company tries to take the money.
After doing more reading online I find this has been going on a while, My mistake was failing to follow my own advice to check-check-and check again, And I failed to check properly on the company it's-self hindsite is a wonderfull thing.
I at least hope this post might avoid someone else having to suffer.
I have not posted links to the sites involved as I was not sure if this was against forum rules.

1. Not a scam
2. I bet it did mention the club membership during signup but at present I cant be arsed to prove it

chai

Well even when I checked through all the terms and conditions and all other info available to read their was nothing to say about club membership during signup. Secondly if you google the issue you will find that many others had the same issue and some have lost a lot of money.
At the end of the day I posted this to make people aware of the matter and if it prevents someone else losing money this way then the post will have helped.

Whitman

Hi Chai,

We've just had a similar issues in our house.

How did you resolve your issue? We've just spoken to the bank and they are hopefully going to block any future payments which is a great start.

We are now looking at the company websites to cancel the order. As expected, it isn't simple. There is an easy cancel where you can pay $9 and hopefully that is the end of it - or you can return the goods via an RMA number (but still pay postage).

Is it easier to take the hit and opt for the easy cancel and pay the small charge? The bank might still block it. Would a US firm chase us for payments?

Damage limitation is my current thought!

Thanks

secretshopper47

keyser666 wrote: »

1. Not a scam
2. I bet it did mention the club membership during signup but at present I cant be arsed to prove it

1. IS a SCAM
2. I can prove it here.

Unfortunately I am unable to post the link I wanted to (as a newly registered user) but will happily forward to any who so wish for it after this post.

It relates to a web page with a time only offer for a 'teeth whitening product'

The time only offer for (what ever todays date may be - irrelivant as it will be current date) and the count down timer starts at 5hrs. close site a few minute (or days later) and clear your cookies). Site will still still display same info - but coundown will restart at 5hrs.

THIS IS THE FIRST POINT - FALSE ADVERTISING

3. Absolutely nowhere on their website (spark whitening or IvoyPro as example - as they are the same company and same address) (or on the link site provided above) do they say that they will ship you both the trial product AND the the FULL Program that they mention). They only IMPLY this by stating that you must return the full program portion of the product (which they HAVE NOT STATED THAT THEY HAVE SHIPPED - even with email confirmation).

4. Terms and conditions pages, click here links, and 'How it works' links all state "All charges associated with this transaction will appear on your bill under the name: "XXXXX*XXXxxxxxxxxx". [redacted for legal reasons by post author]

NOTE: this refers to "your bill" which is not clear and could not be easily challenged" - this may well be included on the documentation that you recieve with the product (if you indeed receive it at all).

HOWEVER (and this is where they have slipped up....

Your order confirmation email will contain the line:

All charges associated with this transaction will appear on your bill under the name: "XXXXXX*XXXxxxxxxxxxxxx". [redacted for legal reasons by post author]

The above is completely different from the contractual statement on any of their pages. (you also do not receive anything similar to these on the narative of your bank/cc statements.

Most would (rightfully assume) that "your bill" would mean your bank or credit card statement - this is not implied in their wording and so this is where they think they have you.

HOWEVER; contractually, these details (pre-sales and post-sales) SHOULD be identical for their contract to be LEGALLY BINDING (I THINK I am correct on this) (any legal bods out there please validate or contest this - I apologies in advance if my statement is incorrect in any way).

TO CUT A LONG STORY SHORT!!!!

This is indeed a SCAM as the terms and conditions (despite the fact they are cleverly obscured in small 'almost unnoticable links' are without doubt cleverly worded so as to 'discuise the fact that you will receive a shippment of a full product at the same time as the trial product'.

I would bolster the above claim as the order acknowlegement opening two phrases will be thus:

"Thank You for Your Trial Order
Congratulations! Your Web-Only Trial has already been rushed to you."

==============

No mention of any "complete program portion" is indicated to have been shipped at same time (again, only mentions it should be returned).

I would argue "this is false advertising" - time only offer is the same EVERY DAY - FOR THE SAME 5 HOUR PERIOD

I would argue if "something has not been mentioned as shipped" - could not be asked to be returned!

Overall -- I see a breech in contract in particular with the differing 'billing information'


+++++++++++++++++++++++++++++++++

I seriously hope that a legal practicioner reads this post who is interested in pursuing against such companies will reply to this and I have screen shots and web addresses where furher proof can be obtained of this obvious scam.

This has gone on for too many years and I hope I have correctly discovered a legal way out of their 'entrappment' (scuze spelling) once and for all.

P.S. If anyone should like copies of the 'phlefora' of screen shots I have taken - please let me know

paddyrg

http://www.antifraudnews.com/free-trial/

It was on AFN recently - I don't think their opposing model is morally defensible and is legally almost certainly borderline (only a court can tell you specifically).

mia1965

Hi it appears I have become another of the many that have fallen for this scam.!!!! And it is a scam, as I cannot recall ever agreeing to a "Continuous Transaction Payment" from my bank account with these companies involved, Dentawhite, Spark White, Smilewhite Pro, or whatever they deem to call themselves at this time. I was attracted to an advert on a pop up, "Mom discovers new tooth whitening system" by using two trial products from two different companies, By clicking on the link you are directed to two different companies, when in fact they are probably the same companies, both based at the same Web Fulfilment Centre at an address in Nevada, USA. As I believed at the time I was paying a postage fee for both trial products and that was it, I do not recall seeing any T & C's mentioning, that by excepting the free trial I was entering in to a contract with them for monthly supplies of the product. Had I of done I would never agreed to it. As I it was only a small sum of money I considered that it’s was only a small risk if I did not receive the samples. I did receive the samples with no paperwork when I started to receive the packages x 2 per month I received no paperwork, invoice, delivery note or contact details of the said companies, neither can I find their website to read their T & C's to see what I was meant to agreed to!!!
As I believed at the time I was only being billed for the postage of these samples I felt no need to check my bank details for any further fees from this company. It was only after a few months of receiving further packages from this company, containing what looked to me as samples. I decided to investigate further. After checking my Bank Statements I had been billed by Spark White and Denta White for to two separate sums of approx. £69 a total of approximately £128 per month, for a product that does not actually work on its own or as the original popup said it you combine the two.
Can anyone assist with helping with me a link to these companies or [possibly a company telephone number or email address? I have contacted my bank whom has agreed to cancel any future payments to this company. They say that I must have agreed to their terms and received the goods, so they are not prepared to refund any payments unless I can prove I did not agree to any terms.

Stez1

This was very useful, i was just about to look further into for my wife. thank you for bringing to everyone's attention Chai.

faerielight

it sounds like the raspberry ketone and anti aging face cream scams, they are all probably the same company and this type of scam was on watchdog a few months ago. I got got by one of them but my bank let me change my card and they blocked the continuous payment thing. It's scandalous what these companies get away with!

Ciocco

I feel the credit card companies are culpable here as they are taking commission on any money paid and carry on dealing with these companies. They must be able to remove these rogue traders from their list of companies that are acceptable to them, and by not doing so, are just as guilty of the fraud.
No individual is going to risk the legal costs in trying to recover the small amounts involved. Class Action my be needed.

heracleous69

I need help please. I have been scammed by this tooth company too. They have taken £62 out of my account already. I have instructed the bank to stop any further transactions. What do I do now to get my money back. Please can someone tell me?
Regards
Alex Heracleous-Walker