I was a victim of this scam!

I was a victim of the Google Treasure Chest Scam. I can tell you from experience that they are unscrupulous con artists and my advice is "Stay Away from them". Do be very wary of any offers that toot the "Google" name as part of their offer as they are not connected with the "Google" search engine.
Please read about my experience with "Google Treasure Chest" so you will be better informed about how these scams work.

Sunday, May 31, 2009

Taking steps to recover my money

My steps to recover my money?

I did finally get my money returned after much stress and hassle.

1. First thing I did was cancel the debit card that got me into this situation to make sure that no further debits would be made to my finances.
2. Asked the bank what my options were on getting the "unauthorized" $72.21 debit returned to me. Could they do a charge back? answer no. Could they stop charges? answer no. I was advised to first try to work it out with the scam artists and if not successful come in and file a fraud or transaction dispute on the debit at the bank. In other words "you are on your own".
3. Since I did not know where this $72.21 "unauthorized" charge was coming from and I only had a phone number associated with the withdrawal (for refunds 866-957-0020 UT) I went on the internet to research who the number belonged to. I finally found a connection to Google Treasure Chest. When I went back and checked my bank statement further, sure enough, the $1.97 debit withdrawal showing up on my bank statement for the informational DVD I had ordered earlier was showing the same phone number for refunds (866-957-0020 UT). This was the Google Treasure Chest that had hijacked me without permission to that bogus membership site and conned me into picking a user name and password so I could return later. Well my thoughts were what the heck is going on here. So I began a research for Google Treasure Chest on the internet. The first thing that cropped up a was page of websites with complaints about Google Treasure chest doing the same thing to other consumers. After reading some of the complaints the remarks kept pointing to the GTC's terms and conditions on the site that was supposedly giving GTC authority to claim "advance consent/negative option with the dvd transaction and giving you 7 days to cancel if you did not agree. Oh Great~ it has already been 10 days--How do I get out of this?
4. I began an internet research on the "negative option". Below follows a summary of what I found:

In order to use the "negative option= Advance consent", which Google Treasure Chest is twisting; trying to make you think you have legally signed up for their membership, they have to follow Federal Trade Commission act law on its use.

Section 5 of the Federal Trade commission Act states it:

(1)Prohibits Unfair and Deceptive Acts or Practices
Standard

(2) Requires Clear and Conspicuous Disclosure of
Material Terms and Conditions-Failure to disclose
material terms-violates Section 5

The Definition of "Conspicuous
1. easily seen or noticed; readily visible or observable
2. attracting special attention, as by outstanding qualities or eccentricities
3. visible
4. manifest, noticeable, clear, marked, salient
5. obvious, blatant, blazing, open
6. Easy to notice; obvious.
7. Attracting attention, as by being unusual or remarkable; noticeable
8. Open to the view; obvious to the eye; easy to be seen; plainly visible; manifest; attracting the eye
9. easily recognized; clearly defined; notable; prominent; eminent; distinguished
10. without any attempt at concealment; completely obvious
11. call attention to

Google Treasure Chest did none of the above to make their intention conspicuous and known but chose instead to conceal, shroud, curtain, veil, camouflage, cover, mask, cloak, keep in ignorance, screen, blot out, withhold, suppress, confuse, shadow, secrete, cache, disguise, sneak, cover up, deceive, and bury their terms and conditions behind an obscure link out of the view of the consumer. That is against the law governing the use of the "negative option=advance consent". These thieves do not have legal permission to take 1 penny of my money by claiming use of the negative option/advance consent clause. They do "not" have a legal contract to do so.

FTC Guidelines goes on to state: Two fundamental principles
Notice And Consent
"Notice"
All material terms and conditions of the offer must be
disclosed in a clear and understandable manner

"Consent"
The consumer must clearly and affirmatively consent
to the offer after all material terms and conditions
have been disclosed:
All material terms and conditions must be disclosed “before the consumer provides consent/incurs financial obligation.

Now read that Consent phrase again---you must clearly and affirmatively consent to the offer after all disclosure. It don't look to me like all of you said "yes" you understood and "yes" I want to sign up for your membership!!! That also means that Google Treasure Chest should have had a disclosure notice near the button where you entered your financial information. A notice that you would have had to tick in order to show that you understood the terms and conditions and would "accept the Terms and Conditions of the sale". They are only telling you that you have agreed to something which you in fact have not agreed to since disclosure was withheld (hidden) until after they had started debiting your bank account!!!.


Below follows a summary of the FTC guidelines for the advance consent/negative option
*********************************************************************
ERA Advance Consent Guidelines:
Consent: The When and How:

Consumer must clearly and affirmatively consent to
the offer
FTC Guidelines
Section 5 of the Federal Trade
Commission Act:
Prohibits Unfair and Deceptive Acts or Practices
Standard

Requires Clear and Conspicuous Disclosure of
Material Terms and Conditions-Failure to disclose
material terms-violates Section 5

All material terms and conditions must be disclosed
before the consumer provides consent/incurs
financial obligation

Key point of disclosure is point at which consent is provided/financial
obligation is incurred

Content/Notice: The What
1.Identity of seller-including separate identity for up-sells
2.Cost of goods/services
3.Manner in which consumer will be charged
4.When/how frequently the consumer will be charged
5.Affirmative obligation to cancel- e.g. consumer will be
charged unless canceled
6.Instructions on how to cancel

Notice And Consent
Notice
1.All material terms and conditions of the offer must be
disclosed in a clear and understandable manner
Consent
2.The consumer must clearly and affirmatively consent
to the offer after all material terms and conditions
have been disclosed:

Online Disclosures:
1.Presented prior to the consumer incurring any
financial obligation

Entire order stream must be viewed in its entirety ß------ ( I take this to mean information in plain view and not hidden, and all on one page (the transaction page) for you to read before you can make your decision!!!)

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