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  • Report:  #227704

Complaint Review: Specialty Merchandise Corporation - SMC - Simi Valley California

Reported By:
- Janesville, Wisconsin,
Submitted:
Updated:

Specialty Merchandise Corporation - SMC
996 Flower Glen Street Simi Valley, Ca 93065 Simi Valley, 93065 California, U.S.A.
Phone:
800-3454762
Web:
N/A
Categories:
Tell us has your experience with this business or person been good? What's this?
Let me say first off that Specialty Merchandise Corporation is the worst company I've ever associated with. First off, I saw their commerical that states, "Start your own business for under $25.00" Hey, isn't that false advertising? So I called and asked for that same package. I recieved about 300 pounds of papers 3 weeks later. After I read one of the million pages on the bottom in fine letters it states that "You are required to send back the entire packet before 30 days or you will be binded to a $479.40 contract for 12 months". It was already 3 weeks before I got the kit- how could I send it back before I even realized I had to? I obviously had to read that section to know I had to send it back, which I'm lucky I found when I did. Next I called the company and explained how late the kit arrived. He was extremely rude and hung up on me after I explained I was a stay at mom mother and I didn't have the money.

So being the wonderful good citizen I am, I paid the $479.40. What a huge mistake that was. Not to mention I didn't even have the choice because they had my bank account and credit card number. I shut down my bank account and they charged it to my credit card. So 12 months goes by and 50 emails also. I tried to contact them at least once every 3 days. Upset, I sent an email to the company and told them I would dispute all charges for false advertising, etc. I got a reply!! Which is an absolute miracle! The man told me that I had joined in January and my last payment was due in December. December 27th I should send an email and they would take me off automatic payment to my credit card. So on December 26, 27, 28, 29 I tried to email SMC. The email section of the website was shut down. All of my account history was deleted before July 24, 2006. That means they are trying to say I joined in July, when I have bank account statements and a membership card that says MEMBER SINCE JANUARY 22, 2006.

Now what am I supposed to do? If I refuse to pay I will get sent to collections and have a warrant placed out for my arrest! I don't have $39.95 a month for the rest of my life to spend. I'm stuck between a rock and a hard place with no way of getting out.

Shannon

Janesville, Wisconsin
U.S.A.


1 Updates & Rebuttals

David

Providence,
Rhode Island,
U.S.A.
Take action IMMEDIATELY!

#2Consumer Suggestion

Wed, March 07, 2007

It is imperative that you take action immediately on this issue. For one, contact your financial institution and inform them that your account has been illegally charged without your approval for these charges. If it has been within 60 days you may be able to get some or all of your money back. Don't worry about your credit card company getting mad about losing that money either--they do what is called a "chargeback" where the original recipient (in this case SMC)'s bank account is deducted of the amount in question. Now, go to the post office and send a certified letter (return receipt requested) to SMC informing them that you order them to cease and desist all collection activity on your account, and that they immediately stop charging any account that you may have for any past or future payments. This will be sent to SMC, and as soon as you receive proof that they received the letter, you suddenly have the legal edge. Now, file away your documentation showing that they received the cease and desist letter. Why? Because under the Fair Debt Collection Act, this will force them to either stop harassing you, or take you straight to court. And no, this doesn't mean a warrant for your arrest; not only is it illegal for them to threaten to have you arrested, they can be fined up to $1000 each time they do so (and that money can be collected by you as punitive damages). Now that you have filed this documentation, one of two things will happen. 1: They will cancel your membership and never bother you again. If so, then any money you aren't able to recover will be a lesson learned. Of course, you may be able to file charges in small claims court, and if you feel like going that far, you will almost definitely win some or all of your money back since you kept so good of paperwork. 2: The second possibility is that they sue you. They won't try to arrest you; they will instead have to get a judgment against you in court (read: flying a lawyer over from Cali and paying potential court and legal fees to collect a $474 debt is generally not something that will happen). If you get in court with them, show the judge your documentation...the fact that they changed your date of membership means that they will be liable legally for various fines and penalties, and possible criminal charges, and you may manage to actually *make* money from all this. So getting in a courtroom with them is actually to your best advantage (although you may wish to speak to a lawyer who may be able to help you better than I in your crusade). Either way, they will probably try to put something on your credit report. In my honest opinion, I don't really care for the credit report/credit score. I don't borrow money, and as I dont borrow money, I don't need a report showing how well I can borrow money. Millionaires who never borrow money and have more money than they could ever need generally have a zero credit score, and it doesn't hurt them much. But either way, as it can hurt employment and other things to have a bad credit score, you will possibly need to fax your information that you have to your credit reporting agencies (transunion, equifax and spherion) showing them the proof that SMC is in the wrong. After they determine that you are in the right, they will be able to assist you in removing any negative report from the credit score. Whatever you do, don't panic, and don't let these people push you around. There are ways to make money out there from home without having to give your own money. If SMC's products sold so well, they would sell them on their own, not get you to do it for them. Don't think that they have your interests at heart, because NO publicly traded company is going to forego vast amounts of profits to "pass the opportunity on" to someone else to make that same profit.

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