- Report: #53978
Complaint Review: GGW/MRA Video - Internet
-
Author Not Confirmed
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GGW/MRA Video
www.girlsgonewild.com Internet, U.S.A.
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Girls Gone Wild GGW/MRA Video rip off unauthorized charges how they trick you and a bit about the law Sylmar California FOX 6 investigative reporter John Mattes first broke the story how Girls Gone Wild was marketing videos for only $9.99 consumers found the company tacking on huge fees. Thousands of consumers called it a rip-off on ripoffreport. After our story aired an attorney sued calling it deceptive advertising. Video part 1 Video part 2
I was recently taken by GGW/MRA's money making scheme. For those that don't know from the numerous other reports on this site, when the order is placed for the introductory video(s) the customer is unwittingly enrolled in a subscription program.
When I recieved the next video a month later, I promptly marked it with the word's "return to sender" and "please remove me from subscription service." A month later the charges remained on my account, and I found yet another video in the mail. I returned this video as well, but the charges remained. The charges caused an overdraft fee to be charged to my account which I am currently attempting to rectify.
Today, I phoned the company at the long distance number, and hopefully cleared up the matter. They initially claimed ingnorance to the fact that the DVD's had been returned and refused to credit my account. After about a half hour of "persuasion," they finally agreed to credit my account. My membership was also canceled. I contacted my bank and informed them of this and started an investigation of the charges in question. I will update this report when a full resolution takes place.
A word on the legality of these practices:
The phrase in the TV ad that indicates subscription is, "...and be the first to preview new..."
The terms in the website are more clear on this point and can be found in a small link above where the shipping information is filled in:
Subscription Products. Certain products offered by Mantra consist of a subscription. The following terms and conditions shall apply in the event that you order any product that is part of a subscription offered by Mantra on the Mantra Sites (a "Subscription").
B.Subscription Terms. When ordering products from Mantra, you will receive a new video by mail approximately once a month. Your satisfaction is guaranteed. If for any reason you are not completely satisfied, you may return the video within 30 days for a full refund of the purchase price, less shipping and handling. Subscription price is $19.99 per video, plus $4.99 shipping and handling. The Subscription will continue to be sent to you until Mantra receives notification of termination from you as described in subsection D below. You authorize Mantra to charge to the credit card account designated during the registration process the current fees and charges for each shipment according to these terms.
C. Changed Terms. Mantra shall have the right at any time to impose, change or modify its fees and billing methods, or other terms and conditions applicable to your participation in the Subscription or to impose new terms and conditions. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on the Mantra Sites a revised version of this Agreement or notification by electronic or conventional mail. If any such change is unacceptable to you, you may terminate your subscription to the Subscription as provided in subsection D below. Any acceptance of a product in a Subscription by you after such notice shall conclusively be deemed to constitute acceptance by you of such changes, modifications, additions or deletions. You agree to review the terms and conditions periodically to be aware of such revisions. You may also be subject to additional terms and conditions imposed by third party content providers in connection with third party content, software or services.
D. Termination. Either you or Mantra may terminate this Agreement at any time. Your only right with respect to any dissatisfaction with (i) any terms and conditions of this Agreement, or policy or practice of Mantra in operating the Mantra Sites, (ii) products available or change therein, or (iii) amount or type of fees or billing methods, or change therein, is to terminate this Agreement by sending written notice to GGW Video, P.O. Box 150, Hollywood, CA 90078. Notice of termination will be effective upon receipt by Mantra. Without limiting the foregoing, Mantra shall have the right to immediately terminate this Agreement with respect to any user which Mantra, in its sole discretion, considers to be unacceptable, or in the event of any breach by you of this Agreement. The provisions of Sections 4, 5, 6, 7, and 9 of this Agreement shall survive termination of this Agreement.
E. All Products. With respect to products and services offered for sale by Mantra and third parties or through the Mantra Sites (including Subscription products): additional terms, including but not limited to pricing, methods of payment, shipping and handling, credit-card information, sales tax, return and refund policies and applicable privacy policies, may be set forth on the screen where you make the purchase. All orders are subject to availability of products and acceptance of orders by Mantra. Mantra reserves the right to reject any order and to limit quantities. Mantra does not warrant that product descriptions, prices or other content on the Mantra Sites is accurate, complete, reliable, current or error-free. Mantra has no obligation to honor incorrect pricing or other information, whether resulting from typographical errors or otherwise. If a product offered on a Mantra Site is not as described, the sole remedy is to return it for a refund.
By ordering, you are agreeing to the terms above. If these terms were stated in a clear, concise, and upfront manner, there would not be a problem. They are not, however, as is evidenced by the numerous complaints on this site.
It has been a while since I've studied any contract law, but I believe that it is the responsibility of the writer of the contract to make sure that it's terms are understood. An attempt to decieve the customer into entering into a contract should render it void.
The information on the commercial is vague, and the language does not expressly state "subcription" only "preview." The terms on the website are clear, but are buried in the middle of the agreement and the agreement itself can only be viewed after the customer has proceeded to the ending stages of the transaction and clicked the "Terms" link.
These practices are used by many other companies, but not with the same success as GGW/MRA. Perhaps it is time for a talented attorney to get it into the books that this practice does not just skirt the limits of the law, but violates them.
I appologise for the length.
Dave
Oxford, Ohio
U.S.A.
Click here to read other Rip Off Reports on Girls gone wild GGW / MRA Video
Click here to read other Rip Off Reports on Girls gone wild GGW / MRA Video
When I recieved the next video a month later, I promptly marked it with the word's "return to sender" and "please remove me from subscription service." A month later the charges remained on my account, and I found yet another video in the mail. I returned this video as well, but the charges remained. The charges caused an overdraft fee to be charged to my account which I am currently attempting to rectify.
Today, I phoned the company at the long distance number, and hopefully cleared up the matter. They initially claimed ingnorance to the fact that the DVD's had been returned and refused to credit my account. After about a half hour of "persuasion," they finally agreed to credit my account. My membership was also canceled. I contacted my bank and informed them of this and started an investigation of the charges in question. I will update this report when a full resolution takes place.
A word on the legality of these practices:
The phrase in the TV ad that indicates subscription is, "...and be the first to preview new..."
The terms in the website are more clear on this point and can be found in a small link above where the shipping information is filled in:
Subscription Products. Certain products offered by Mantra consist of a subscription. The following terms and conditions shall apply in the event that you order any product that is part of a subscription offered by Mantra on the Mantra Sites (a "Subscription").
B.Subscription Terms. When ordering products from Mantra, you will receive a new video by mail approximately once a month. Your satisfaction is guaranteed. If for any reason you are not completely satisfied, you may return the video within 30 days for a full refund of the purchase price, less shipping and handling. Subscription price is $19.99 per video, plus $4.99 shipping and handling. The Subscription will continue to be sent to you until Mantra receives notification of termination from you as described in subsection D below. You authorize Mantra to charge to the credit card account designated during the registration process the current fees and charges for each shipment according to these terms.
C. Changed Terms. Mantra shall have the right at any time to impose, change or modify its fees and billing methods, or other terms and conditions applicable to your participation in the Subscription or to impose new terms and conditions. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on the Mantra Sites a revised version of this Agreement or notification by electronic or conventional mail. If any such change is unacceptable to you, you may terminate your subscription to the Subscription as provided in subsection D below. Any acceptance of a product in a Subscription by you after such notice shall conclusively be deemed to constitute acceptance by you of such changes, modifications, additions or deletions. You agree to review the terms and conditions periodically to be aware of such revisions. You may also be subject to additional terms and conditions imposed by third party content providers in connection with third party content, software or services.
D. Termination. Either you or Mantra may terminate this Agreement at any time. Your only right with respect to any dissatisfaction with (i) any terms and conditions of this Agreement, or policy or practice of Mantra in operating the Mantra Sites, (ii) products available or change therein, or (iii) amount or type of fees or billing methods, or change therein, is to terminate this Agreement by sending written notice to GGW Video, P.O. Box 150, Hollywood, CA 90078. Notice of termination will be effective upon receipt by Mantra. Without limiting the foregoing, Mantra shall have the right to immediately terminate this Agreement with respect to any user which Mantra, in its sole discretion, considers to be unacceptable, or in the event of any breach by you of this Agreement. The provisions of Sections 4, 5, 6, 7, and 9 of this Agreement shall survive termination of this Agreement.
E. All Products. With respect to products and services offered for sale by Mantra and third parties or through the Mantra Sites (including Subscription products): additional terms, including but not limited to pricing, methods of payment, shipping and handling, credit-card information, sales tax, return and refund policies and applicable privacy policies, may be set forth on the screen where you make the purchase. All orders are subject to availability of products and acceptance of orders by Mantra. Mantra reserves the right to reject any order and to limit quantities. Mantra does not warrant that product descriptions, prices or other content on the Mantra Sites is accurate, complete, reliable, current or error-free. Mantra has no obligation to honor incorrect pricing or other information, whether resulting from typographical errors or otherwise. If a product offered on a Mantra Site is not as described, the sole remedy is to return it for a refund.
By ordering, you are agreeing to the terms above. If these terms were stated in a clear, concise, and upfront manner, there would not be a problem. They are not, however, as is evidenced by the numerous complaints on this site.
It has been a while since I've studied any contract law, but I believe that it is the responsibility of the writer of the contract to make sure that it's terms are understood. An attempt to decieve the customer into entering into a contract should render it void.
The information on the commercial is vague, and the language does not expressly state "subcription" only "preview." The terms on the website are clear, but are buried in the middle of the agreement and the agreement itself can only be viewed after the customer has proceeded to the ending stages of the transaction and clicked the "Terms" link.
These practices are used by many other companies, but not with the same success as GGW/MRA. Perhaps it is time for a talented attorney to get it into the books that this practice does not just skirt the limits of the law, but violates them.
I appologise for the length.
Dave
Oxford, Ohio
U.S.A.
Click here to read other Rip Off Reports on Girls gone wild GGW / MRA Video
Click here to read other Rip Off Reports on Girls gone wild GGW / MRA Video
1 Updates & Rebuttals
Steve
Phila,Pennsylvania,
U.S.A.
The CEO of the company is in trouble by using minors.
#2Consumer Comment
Wed, April 23, 2003
I read your bit of info. Theres two ways of saying it. If you don't want the product return it without opening. If you didn't order it then take it back in the mail Why don't they have an 800 # and why are we the victim in that case. They make it sound so great. The CEO of the company is in trouble by using minors. Now if it was in Mexico then he could do anything. I wish everyone would understand your on a membership. Also if anyone says a credit card company won't respond they're full of s*(t. The creditors should cancel an order unless you don't receive in the mail.
