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Complaints Swirl Around Peddlers Of Acai Berry

Posted: 3:19 pm PDT March 25, 2009Updated: 11:16 am PDT March 26, 2009

The acai berry is supposed to strengthen your heart, help you lose weight, and slow aging.

However, it's not the health claims that have viewers complaining to KIRO 7 Consumer Investigator Amy Clancy.

One viewer, Lynn Hamilton of Chehalis, tells Clancy she sees the ads “all over the Internet -- Rachel Ray, CBS, NBC, ABC.” And it’s true. Everywhere you look online these days, it seems someone is trying to sell you acai berry products.

Celebrities allegedly endorse them and people you don't know claim acai berries helped them lose weight.

"Read Allison’s story of how she did this,” said Hamilton as she recalled an ad while talking to Clancy. “It looked like a news article to me."

But these "articles," including some on kirotv.com, are paid advertisements, not news, and often make promises to get you interested.

Marcus Transue of Lynnwood said he was enticed by “the big fat letters of 30-day free trial. And I went on, and clicked go for it!”

Transue and his mother Terrie figured a free trial would be a risk-free way to check out acai berries, so both signed up online and gave their bank card information to cover the $5 shipping and handling charges. Within days of receiving her free trial, Terrie Transue of Oak Harbor says her debit card took a hit.

“They charged my bank account four times. (It was) $69.95 for each bottle,” Terrie Transue claims.

"So you’re expecting it to be free, and you’re charged $280?” asked Clancy.

Transue confirmed that’s what happened.

Marcus Transue says he never received a free bottle at all.

"Then I saw the charges on my account, and I still hadn’t received the darned thing," said Marcus.

Hamilton of Chehalis was tempted by a similar, 30-day free trial advertisement.

“It didn’t say any place on (the Web site) that they were going to charge you. It just said that you could sign up for your free bottle of this stuff,” said Hamilton.

She, too, received a bottle of acai berry pills 14 days after visiting the Web site. Hamilton said the very next day her credit card was charged for her next bottle, which was to be the first in an ongoing acai berry program that would cost her nearly $120 a month.

"There are multiple companies out there that are doing this," Niki Horace of the Better Business Bureau told Clancy.

Horace said complaints against the many companies currently selling acai berry products online are pouring into her DuPont office every day.

The Washington State Attorney General's office has received 20 complaints against 11 apparently different online companies in just the past few months.

The most common complaint: People believe they're signing up for a free trial, when in fact they're actually signing up to have products delivered automatically. And that the banking information meant to cover shipping and handling is used to pay for future orders.

“So they’re getting billed every two weeks for $69, $59, $79” Horace says.

Clancy asked why consumers can’t cancel.

"Because they can’t get a hold of reps on the phone, they’re hung-up on, they’re called liars. They’re put on hold. It’s a busy signal. They just can’t talk to a live person,” said Horace.

Horace continued to say that the sites may advertise 30-day free trials in big block letters, but that the fine print is where consumers will learn about the long-term obligations and that “some Web sites make it very difficult for you to find the disclaimers.”

Terrie Transue and Lynn Hamilton were able to get their money back by appealing to their banks. But Marcus Transue is still out his cash, and still has not received his free pills.

“It definitely is not a 30-day free trial,” Marcus Transue said. “Absolutely not.”

Clancy called two of the companies named in Attorney General complaints to ask why so many people are complaining. Both told her that consumers need to read the terms and conditions before ordering anything.

The BBB advises, if you want to try acai berry, go to your local health food store. Then, Horace says, you’ll be able to walk out with the product knowing exactly how much you spent. Or, Horace advises if you do want to order online, check out the companies on the BBB’s Web site before you order. You’ll find that many of the companies currently have “F” ratings.

The BBB also tells Clancy it's safer to put online purchases on your credit card, not your debit card. With a credit card, it's easier to dispute charges and cancel the card if necessary. With a debit card, you often have to cancel the entire account then open a new one.

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