XM Brands and Many Other Scams

First, I would like to thank you for taking the time to hear my Complaint against a Florida registered company that is scamming hundreds if not millions, not to mention, falsely using unauthorized endorsements by Oprah, Dr. Oz, USA Today, ABC, CNN, Fox News and NBC.

Like millions of Americans, I have been unemployed for one year this month. I am trying to survive off $375.00 per week unemployment with two children. Being a 17 year Legal Assistant, I try to be well informed of emails I receive. I received an email for work @ home from www.googleprofithouse.com. Upon researching, I discovered that the short blurb available would benefit me greatly since it was typing transcripts. In order to learn more, one must download software for $1.99. So I did. Upon review of the download, it had nothing to do with what was stated in the original email. I called with thirty minutes and told the Rep. that I was canceling and further voiced my opinion of what they are doing to people such as myself.

Around November 11, 2009, I had utility checks bounce. On November 13, 2009, my on-line bank statement showed that XM Brands in Cancun withdrew $79.97. I immediately called and was told that there was no documentation that I canceled. I placed daily calls from November 13 - 27, finally the Rep. said he would break the rules and authorize the credit (please see confirmation below). He told me that it would process in 10 to 15 days which I told him was unacceptable since they took money from me without my permission; I further explained my situation and told him that I needed that money credited back asap. As of today, December 14th, I still do not have my money. I call every morning just to hear the same speech, yes, a speech. While on the phone you can hear the other Reps. telling others that very same thing I am being told. This is what I get "The credit was processed on 11/27 (and sometime 12/1), please keep checking with your bank. When I request to speak with their legal department and/or Corporate office, I am told that they do not accept calls.

With my research nature, the following is what I have found:

XM Brands is registered with the State of Florida (P08000090812), although the website that is charging accounts is www.acaixm.com, please note, this site never came up when researching the work at home opportunity;

I received the following email from a consumer group advising me of the following:

"you said you asked to speak to Kenneth Jacobi. That is the owners alias his real name is Issa Asad. they are located in Hollywood , Florida. he has different companies running out of his office there. He has one called Telecom World in which he sells phone cards that is a scam as well. he also has one called Odyssey Promotions which he sells scratch off lotto tickets. which ,is a scam as well. he has been scamming people for over 15 years and has made millions doing so. I hope this helps. I know this information because my girlfriend use to work there for 1 week until she realized that it was a scam and quit. As far as she was aware, no one ever received their refund."

Depending on what research site, XM Brands has many addresses listed as their Corporate office.

On www.bbb.org; Kenneth Jacobi is listed as President. He is non-existing. BBB's complaints are numerous and they have an F rating for the following reason:

Company Rating F

Our opinion of what this rating means:

We strongly question the company’s reliability for reasons such as that they have failed to respond to complaints, their advertising is grossly misleading, they are not in compliance with the laws null licensing or registration requirements, their complaints contain especially serious allegations, or the company’s industry is known for its fraudulent business practices.

As of today, I still do not have a refund credit and was told the same thing, it was processed.

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NOTICE ! ! ! !

The Florida Attorney General has reached a settlement with these thieves. XM Brands and their affiliated companies have agreed to pay restitution for all valid new and/or additional claims which are presented to the AG's office by 4/29/11. You can get a complaint form online from the AG office (www.myfloridalegal.com)or call them at 866-966-7226 (FL) or 850-414-3990 (Outside Florida).

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The state of FLorida has a lawsuit pending against them. You need to call and send them all the proof you have of them illegaly taking money from your account. Whatever money the recoup from the lawsuit will be returned to people with proof of being scammed. I sent in my bank account records, 3 different peole i spoke to's names, as well as a copy of the site and the agreement that they violated by withdrawing money during a "free trial". This has been 3 months ago and the XM people keep telling me that i will get my money as soon as their business office gets to it. Or, they just hang up on me

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This is what the BBB has posted up on their site concerning XM Brands, along with a list of companies that Kennith Jacobi owns and operates.

Business Contact and Profile

Name: XMBrands

Phone: (800) 440-4397

Fax: (305) 397-1699

Address: 5753 NW 158 St.

Website: http://www.acaixm.com

http://www.acaiinreview.com

http://www.myeverbritesmile.com

http://www.myultrabritewhites.com

http://www.myeverwhitekit.com

http://www.everbritewhites.com

http://www.xmorders.com/mrf

http://www.supersmilebright.com

www.leanbodyburn.com

www.mydietmaxcleanse.com

www.extremebritewhite.com

www.acaiberrydetox.com

www.dazzlingbrite.com

www.getbrightwhites.com

www.vividwhitesmiles.com

mydietmaxcleanse.com

www.miracleacai-info.com

naturacle.com

www.dazzlingbritekit.com

Original Business Start Date: October 2008

Principal: Mr. Kenneth Jacobi, Director

Customer Contact: Mr. Kenneth Jacobi, Director

Email Address: info AT xmbrands.com

Type of Business: Health & Medical Products - Scientifically Unproven, Accountants Referral Services, Business Services, Dental Equipment Supplies, Dental Hygienists, Dental Laboratories, General Merchandise Retail By Internet, Health Care - Placement, Health Care Management, Health Care Products, Internet Advertising Services, Vitamins and Food Supplements Retail, Weight Control Preparations Retail

BBB Accreditation: This company is not a BBB Accredited business.

Additional DBA Names: Dazzlinsmile

LNZ Dental Bright

Dietmax Cleanse

Dazzling Bright

Acai Max Cleanse

Weight Loss System

Dazzling Smile

Glow White Smile

LNZ Pro Smile

Diet Max

Lean Body Burn

Everbrite Smile

Dental Hygiene Pen

Everbright Whites

Dazzling Brite

Super Smile Bright

ColoPure Cleanse

XM-Labs

XM Health and Beauty

Acai XM

XM Brands, Inc.

My Everbrite Smile

Everwhite Brite

Lean Max Cleanse

Everwhite Kit

Syndex Industries

Colo Pure Cleanse

EverWhite Pen

Ever White Pen

Nutrimax Labs,inc

Diet Max/Naturacle

EL TECAL

Nutrimax Labs. INC.

Diet Max - El Tecal

DietMax

Diet Max EL Tecal

Diet Max Cleanse

Diet Maxx

Diet Max - Weight Loss Nutra

Diet Max/Acai Max Cleanse

Nutrigenic Life, LLC

Diet Max Nutrigenic Life

Myultrabritewhites.com

DIETMAX 11

Ever Brite Whites

Dazzle Bright

Synergy Life Sciences

Dental Hygiene Systems

Ever White Smile

Weight Loss Company-Diet Max

Dental Hygiene Nutra

Diet Max EL Teoal

My Super Star Smile

Super Star Smile

Vivid White

Glo-White

Lanzamar Ltd.

USA Nutrigenie Life, LLC

Weight Loss Nutra

The BBB develops a full report on a firm based on inquiry or complaint activity. This company first came to our attention in February 2009. We are attempting to develop more information on the company. At the present time we do not have enough information to issue a full report. The BBB suggests you read and understand company promotional materials and contracts and check company references and licensing, where applicable.

As of August 4, 2010, all mail has been returned by the post office as unable to deliver for this company and its various business names and addresses.

The Better Business Bureau is unable to process complaints and suggest if you paid by credit card, to contact your card company to dispute charges. Also, contact your local postal authorities, Div. of Consumer Affairs 850.488.2221 or www.800helpfla.com and or the Attorney General's office 850.414.3990 for further assistance.

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Additional Locations and Phone Numbers

Additional Addresses

Multiple Addresses - click to show / hide

- (2)

642 Main St.

Charleston, Nevis, West Indies,

Piso 11 Oficina CyD

Panama City,

- AZ (1)

26506 W. Yukon Dr.

Buckeye, AZ 85326

- FL (12)

400 Cleveland St., Ste. 800

Clearwater, FL 33755

4302 Hollywood Blvd., Suite 321

Hollywood, FL 33021

3699 N. 29th Ave.

Hollywood, FL 33020

1348 Washington Ave.

Miami Beach, FL 33139

1384 Washington Ave.

Miami Beach, FL 33139

3007 Greene St.

Hollywood, FL 33020

398 E. Dania Beach Blvd., Suite 395

Dania, FL 33004

3609 North 29th Ave.

Hollywood, FL 33020

3209 N. 29th Ave.

Hollywood, FL 33020

3609 N. 29th Ave.

Hollywood, FL 33020

PO Box 229000

Hollywood, FL 33022

3389 Sheridan St., #217

Hollywood, FL 33021

- IL (1)

47 West Polk St., Ste. 100-248

Chicago, IL 60605-2085

- TN (1)

4002 R. J. Welch Rd.

Friendship, TN 38034

Additional Phone Numbers

- 800 (7)

Tel: (800) 302-2983

Tel: (800) 320-2986

Tel: (800) 320-2983

Tel: (800) 230-2983

Tel: (800) 864-9903

Tel: (800) 864-9920

Tel: (800) 440-0394

- 866 (5)

Tel: (866) 889-2187

Tel: (866) 777-8751

Tel: (866) 445-3661

Tel: (866) 556-6914

Tel: (866) 221-3638

- 877 (6)

Tel: (877) 777-8751

Tel: (877) 315-3995

Tel: (877) 594-7850

Tel: (877) 666-0531

Tel: (877) 683-3080

Tel: (877) 268-8121

- 888 (4)

Tel: (888) 370-9082

Tel: (888) 778-4605

Tel: (888) 787-9668

Tel: (888) 869-2674

- 928 (1)

Tel: (928) 252-2415

Additional Email Addresses

orders AT everwhitesmile.info

Licensing

This company is in an industry that may require licensing, bonding or registration in order to lawfully do business. BBB encourages you to check with the appropriate agency to be certain any requirements are currently being met.

Customer Complaint History

When considering complaint information, please take into account the company's size and volume of transactions, and understand that the nature of complaints and a firm's responses to them are often more important than the number of complaints.

BBB processed a total of 2549 complaints about this company in the last 36 months, our standard reporting period. Of the total of 2549 complaints closed in 36 months, 2507 were closed in the last year.

These complaints concerned :

- 1 regarding Issue Not Defined

- 261 regarding Advertising Issues

11 - Advertised price not honored

1 - Advertised product not available

13 - Advertised terms not honored

20 - Advertisement did not disclose all conditions required to take advantage of an offer

3 - Advertisement misrepresented a product

3 - Advertisement misrepresented a service

13 - Bait & switch advertisement

8 - False or unsubstantiated claims in advertisement

189 - None of the Above - Advertising Complaint Issue

- 645 regarding Billing or Collection Issues

23 - Failure to correct billing errors

3 - Failure to provide itemized billing as requested

6 - Failure to substantiate charges

26 - Improper collection practices

212 - None of the Above - Credit, Billing or Collection Complaint Issue

105 - Unauthorized bank debits

270 - Unauthorized credit card charges

- 39 regarding Contract Issues

4 - Failure to honor a contract or agreement

2 - Invalid or false contract

28 - None of the Above - Contract Complaint Issue

5 - Unauthorized changes to the contract or agreement

- 22 regarding Customer Service Issues

10 - Failure to provide promised assistance or support for products or services

1 - Failure to respond to phone calls or written requests for assistance or support

2 - Inappropriate behavior by customer service personnel

9 - None of the Above - Customer Service Complaint Issue

- 24 regarding Delivery Issues

1 - Delivery of unordered products

2 - Late delivery of products

13 - Non-delivery of products

8 - None of the Above - Delivery Complaint Issue

- 10 regarding Guarantee or Warranty Issues

1 - Disputed warranty coverage and/or terms

5 - Failure to honor money-back guarantees

1 - Failure to honor service under the terms of warranties

3 - None of the Above - Guarantee or Warranty Complaint Issue

- 10 regarding Product Issues

3 - Defective, damaged, or incorrect product received

7 - None of the Above - Product Quality Complaint Issue

- 492 regarding Refund or Exchange Issues

128 - Failure to honor promised refunds, exchanges, or credit

118 - Failure to honor refund, exchange or credit policies

246 - None of the Above - Refund or Exchange Complaint Issue

- 1 regarding Repair Issues

1 - None of the Above - Repair Complaint Issue

- 1036 regarding Sales Practice Issues

862 - None of the Above - Sales Complaint Issue

61 - Sales presentation did not disclose complete pricing information

31 - Sales presentation did not disclose key conditions of the offer

6 - Sales presentation misrepresented the product

5 - Sales presentation misrepresented the service

7 - Sales presentation not consistent with advertisement

1 - Sales presentation not consistent with the written agreement

63 - Sales presentation used dishonest sales practices

+ 8 regarding Service Issues

1 - Failure to honor service estimate or agreement

7 - None of the Above - Service Complaint Issue

These complaints were closed as:

- 123 Resolved

40 - Company resolved the complaint issues. The consumer acknowledged acceptance to BBB.

83 - Company addressed the complaint issues. The consumer failed to acknowledge acceptance to BBB.

- 14 Unresolved

14 - Company failed to resolve the complaint issues through BBB voluntary and self-regulatory process.

- 15 Administratively Closed

14 - BBB determined the company made a reasonable offer to resolve the issues, but the consumer did not accept the offer.

1 - The parties could not provide sufficient information to support their positions nor were they agreeable to make reasonable efforts toward resolving the issues of the dispute.

- 955 No Response

955 - Company failed to respond to BBB to resolve or address the complaint issues.

- 1442 Unpursuable

1421 - Company cannot be located.

21 - Company is out of business.

Government Actions

As of August 13, 2010 the North Dakota Attorney General Wayne Stenehjem issued a cease and desist order against Florida based XM Brands and its principal Kenneth Jacobi for allegedly violating consumer fraud laws by offering consumers free products to test, but then enrolled customers into costly membership programs without their knowledge.

The company sells health and diet products, including those for teeth whitening, acai berry and anti-aging, but their "free trail" offers and "negative options" return can be expensive. Consumers unknowingly are enrolled by XM Brands in a membership program with automatic future shipments of products, and XM Brands charges the consumer's credit card the full price of the products each month until the consumer is eventually able to cancel the enrollment,

Stenehjem said.

For further information, contact the North Dakota Office of Attorney General's by email ndag AT nd.gov, phone 701.328.2210 or write

State Capitol

600 E. Boulevard Ave.

Dept. 125

Bismarck, ND 58505

Comment On This

The original complaint was posted by a gentleman who WAS SCAMMED BY ACAIXM/GOOGLEPROFITHOUSE... I was also scammed by ACAIXM, owned by Issa Asad. THIS COMPANY IS A SCAM, and I'm dealing with getting rid of fraudulent charges by them as well. I mainly want to comment to the RETARD who said, "Why would you place an order of 21% of your income..." you, my imbecile, are a complete moron. You spell worse than a 2nd grader, and by the way, the ORIGINAL POSTER did not try to buy something that was 21% of his weekly income, THAT'S THE WHOLE POINT, IDIOT!! He tried to purchase software for $1.99, which is about .5% (yes, less than 1%) of his weekly income. NOW... IS IT A SCAM??? YOU TELL ME, YOU HALF-WIT: check out these two websites for weight loss FREE TRIAL, take note that both websites are IDENTICAL... except for the newslady who SUPPOSEDLY wrote the article (Please note, DO NOT SIGN UP FOR THIS SO CALLED FREE ACAI PILL, I DID, AND NOW IT'S COSTING ME HUNDREDS)here's the websites: http://weeklyconsumer-digest.org/reviews/review.php?id=117278 AND, SECONDLY, http://www.consumertipsdaily7.com/health/us4.php?t=1239000079

A TOTAL SCAM!!

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You live in Florida?? no way you are collecting $375 a week...the most one can get in Florida on unemployment is $275 even with the stimilus it's only $300...sounds fishy to me!!

Comment On This

WHY WOULD YOU PLACE AN ORDER IF YOUR 21% OF YOUR INCOCE IF YOUR SO UNEMPLOYED, IT DOES NOT MAKE SENSE. THIS SOUNDS LIKE A SCAM OF ENTERING JUNK FOR THE SAKE OF HURTING A COMPANY, I HAVE ORDERED PRODUCTS WITHOUT THIS DRAMA.

Comment On This

I to, have been scambed by this company. I do not understand why Google lets this company advertise. I cancelled the contract with this company within 15 min of the original contact. The information that I gave them has been given to another company called Megellen E Commerce( which XM says is a sister company) I now have several charges by several unknown companies and have changed my debit card #, but I am still getting phone calls several times a week