Legal Question in Consumer Law in California

I have an issue with Proactiv/Guthy-Renker:

- I bought Proactive 30-day trial for $19.95 in Aug 09. (Two 2oz & one 1oz bottles)

- They charged me $29.96 (sept 09) for 60-day supply. (Two 4oz & one 2oz bottles)

- I knew nothing of the charge, so I cancelled my account and the representative told me that I would not be charged further at all and I could get the $29.96 refunded if I return that charged shipment, or keep it and let the $29.96 stand.

- Too much hassle to send it back, so I kept it and assumed I'd have no more troubles from the company.

- They charge me another $19.95 (oct 09)

- I called the company and the representative tells me it's to pay for the last shipment... for which I'd already payed $29.96. (So I payed $49.91 total)

At my first purchase, the trial, there was no information saying that I would be charged each month thereafter for more of the product. The website says now it charges $19.95 monthly for 90-day supply, but it did not in August - and anyway I was charged $29.95, not $19.95, and I got a 60-day supply, not a 90-day supply.

Neither the invoice with the September shipment nor the customer service representative informed me that I'd be charged an additional $19.95. On the contrary, the representative told me that was the last charge.

Isn't this Fraud? False Advertising? Even if the charges are in some stupid "disclaimers" or "fine print" wouldn't they be unconscionable because they're completely not obvious?

Oh and when I asked the representative for account cancellation confirmation, he told me the company couldn't give me one. Isn't that kind of fishy?


Asked on 10/17/09, 4:41 pm

1 Answer from Attorneys
Melvin C. Belli The Belli Law Firm

I hope you paid with a credit card. If you did dispute the charges with your credit card company. Usually that should take care of it. By the way send them a certified return receipt letter cancelling anything further and remember to keep a copy for your records.

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Answered on 10/18/09, 11:00 pm


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