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FTC Consumer Alert
Could Free Trial Offers Be 'Fee' Trial Offers in Disguise?
Free trial offers can be an efficient way to sample a new product or service without paying for a membership, subscription or extended service contract. Sometimes, though, if you accept a free trial offer and don't cancel on time or according to the stated policy, you may be unintentionally agreeing to a contract to buy additional products and services.
The Federal Trade Commission (FTC), the nation's consumer protection agency, says "try before you buy" offers can be effective ways to market. If you like what you try, you may want to go ahead and make the purchase. But if you don't want to buy the product or service, you may need to cancel or take some other action on a particular timetable to avoid being charged.
When a company takes your failure to cancel before the end of the trial period as permission to continue billing you, you've made a "negative option" purchase. Sometimes, unscrupulous merchants make it tough for consumers to take the action that would prevent negative option billing: these merchants may hide the terms and conditions of their offers in teensy type, use pre-checked boxes as the default setting, and put conditions on returns and cancellations that are so strict it could be next to impossible to stop the deliveries and the billing.
Whiter Teeth? Flatter Stomach? Shiny Hair?
If you see a free trial offer online for a product you're interested in, stop - and read the details.
* Find the terms and conditions of the offer. If you can't find them or can't understand exactly what you're agreeing to, look for another merchant. You don't want to commit to recurring charges for products or services by mistake - or before you've tried them and made your decision.
* Pay attention to pre-checked boxes. That check may bind you to terms and conditions you're not comfortable with - or ready to accept.
* Look for information about how you can cancel future shipments of merchandise or services if you don't want them. Do you have to pay? Do you have a limited time to respond? If you're not satisfied with the information in the offer, look for another one that meets your needs.
* Read your credit and debit card statements very shortly after you've responded to a free trial offer - and often afterward - looking for charges you don't recognize or didn't authorize. Contact the merchant first to try to resolve the issue; notify the card issuer promptly if you see any unusual or unauthorized charges.
If your business offers free trial memberships using negative option billing plans, the FTC suggests that you:
* Disclose the important terms of your offer in an understandable way.
* Make your disclosures clear and conspicuous to the reader.
* Disclose the key terms of the offer before the consumer pays or incurs a financial obligation.
* Get a consumer's affirmative consent to the offer - for example, by asking them to click "I agree."
* Make sure your cancellation procedures work efficiently, and as promised.
The FTC works to prevent fraudulent, deceptive and unfair business practices in the marketplace and to provide information to help consumers spot, stop and avoid them. To file a complaint or get free information on consumer issues, visit ftc.gov or call toll-free, 1-877-FTC-HELP (1-877-382-4357); TTY: 1-866-653-4261. Watch a new video, How to File a Complaint, at ftc.gov/video to learn more. The FTC enters consumer generally into the Consumer Sentinel Network, a secure online database and investigative tool used by hundreds of civil and criminal law enforcement agencies in the U.S. and abroad.
Customer Complaint
Our files contain a pattern of generally from consumers that allege improper billing/collection issues. Consumers claim that Essence of Argan continues to bill their accounts after cancelling the "free trail" offer. Consumers have also reported difficulties obtaining refunds from Essence of Argan. Most of these consumers have stated they were not aware of Essence of Argan Trial Terms And Conditions.
Essence of Argan responds to consumers with apologies and by issuing refunds. Essence of Argan also informs that shipments include the Terms to make sure customers are able to read in the event that they missed it when they signed up on our website. The Terms can also be viewed online at: http://www.essenceofargan.com/essence-of-argan-terms.php
On November 21, 2012, BBB sent certified correspondence to Essence of Argan requesting their voluntary cooperation in resolving generally on file with BBB and providing steps it will implement to eliminate the pattern of customer generally.
On January 7, 2013, Essence of Argan sent a response regarding BBB's concern. Essence of Argan informed BBB the Terms and Conditions states the length of the trial.
URL: http://www.essenceofargan.com/essence-of-argan-terms.php
Essence of Argan goes on to say customers also see the trial information before completing the order and to make sure customers are able to read the Terms and Conditions, they also send a packing slip when orders are shipped. Further, Essence of Argan customers have 3 options to cancel their accounts - Online, IVR, and over the phone with a representative.
* Online - Essence of Argan customers can cancel through the website, www.essenceofargan.com, and go to the Easy Cancel tab and enter the email address that they used in the account: http://www.myeasycancel.com/EssenceOfArgan
* IVR - Essence of Argan customers can as well cancel by calling the toll free number: 1-866-881-1391
* Over the Phone - Essence of Argan customers can call and speak to our customer service representatives for cancellation
Additional consumers are now coming forward alleging Essence of Argan insists that consumers return the "free" sample product with a restocking fee, or the consumer will be charged $83.80 every 30 days. Consumers feel advertising this offer as "free" is misleading.
On February 8, 2013 BBB sent certified correspondence to Essence of Argan requesting their voluntary cooperation in resolving generally on file with BBB and providing steps it will implement to eliminate the pattern of customer generally.
On February 19, 2013, Essence of Argan responded to BBB concerns. Essence of Argan states their company offers a "Free" trial where consumers have 15 days to try a product to decide if they want it or not. Essence of Argan asks consumers to pay for the shipping. If at any time the consumer decides they do not want the product Essence of Argan asks that it is returned with an RMA number.
BBB will continue to monitor the complaint activity of Essence of Argan and update the Business Review as needed.
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