DazzleSmile LLC issued a cease and desist order to Farend Services or Just Think Media or whatever else you want to call these clowns Oct 20th here is the start of the press release and you can read the rest here “dazzlesmile, llc and Optimal Health Science, LLC collectively referred to here as “dazzlesmile(TM)” (www.dazzlesmile.com), who own the trademarks “dazzlesmile(TM)” and “Optimal Health Science®” – have issued a Trademark Infringement Cease and Desist to Farend Services Limited, DBA DazzleSmile Pro and Epic Advertising AKA Azoogle.com, Inc.” So I figured I would take a look at the real Dazzle Smile and guess what it’s no different. The only real difference is who the money is going to, I don’t care if the product works these autoships have to stop.
The real dazzlesmile in the terms and conditions states
If You are satisfied with the Product and wish to continue to receive the Product on a monthly basis, You need do nothing else. Upon the expiration of the Trial Offer Period, and absent your cancellation, You are automatically enrolling in Our Auto-Ship Delivery Program, and Your credit or debit card will be billed for the full cost of the Product that You ordered (i.e., a thirty (30) day supply of dazzlesmile). At present, the full cost of the Product is $63.85 (Utah residents add sales tax). Unless You cancel Your enrollment in Auto-Ship Delivery Plan, approximately thirty (30) days following Your original order date (and every thirty (30) days thereafter), dazzlesmile will send you another thirty (30) day supply of the Product and the credit or debit card You provided to us will be automatically billed $63.85 for the Product (Utah residents add sales tax) (shipping and handling is increased for non-standard or larger orders or international deliveries).
So they are going to hit your card too for $63.85 after your trial period of 7 days from time of order not time of receipt of product. I also enjoyed this tidbit
You manifest Your agreement to the Terms in this document by any act demonstrating Your assent thereto, including clicking any button containing the words “I Agreeâ€; “Rush My Orderâ€; “Submit†or similar syntax, or by merely accessing the Website, whether You have read these terms or not. We suggest that You print this form for Your personal records.
So just using the site I agree and if I place an order I agree but I do not have to check that I agree. I think the FTC should go after this one because this is similar to the Microsoft Shrink Wrap Licensing that was deemed invalid. However the cease and desist notice was given because:
Farend Services and Epic Advertising, in concert with other parties, are alleged to be advertising “DazzleSmile Pro” www.dazzlesmilepro.com and other teeth whitening products under assorted names, that infringe the trademark “dazzlesmile(TM)” by using deceptively similar websites, URL’s and landing pages, and by embedding the keyword “dazzlesmile” with Internet search engine providers, including Google, MSN, Bing and Yahoo! The only official, authorized and advertised website for dazzlesmile(TM) products is www.dazzlesmile.com – all others that appear to be deceptively similar are alleged to be counterfeits and infringe the dazzlesmile(TM) trademark.
dazzlesmile(TM) has received thousands of consumer complaint calls and emails about Farend Services and www.dazzlesmilepro.com. The legitimate dazzlesmile(TM) has wrongfully been the subject of Better Business Bureau inquires, and has been contacted by the consumer protection division and state attorneys general of Utah, Delaware, Vermont and Oklahoma about the deceptively similar and false advertising of www.dazzlesmilepro.com. Consumers should be extremely wary about purchasing teeth whitening products through www.dazzlesmilepro.com or Farend Services Limited, as they are allegedly not packaged or labeled in compliance with FDA or FTC regulations.
So in other words they where afraid that Farend Services would tarnish the otherwise good name of DazzleSmile? I say stay the hell away from these products, if you want your teeth white go to a dentist or brush your teeth more. These types of people are out to prey on everyone and all they care about is the autoship.
Anyways sorry for the rant but this one just made me a little upset.
{ 14 comments… read them below or add one }
We’re standing-up Matt! The real dazzlesmile ™ (all lower case Avant Garde Royal Blue trademark) is the true product, consisting of patent-licensed formula teeth whitening mint tablets, whitening toothpaste, and a mouth wash. More than 10 years of reasearch and marketing were invested in the underlying formulas that make-up our products. We agree with you that a qualified dentist is a great source for teeth whitening. In fact, our products were originally formulated by a noted comestic dentist and a maxillofacial surgeon, and they have been tested in a clincial setting. Additionally, our Carbamide Peroxide-based products are registered with the FDA through our FDA-approved manufacturer. dazzlesmile ™ must be manufactured and properly labled in accord with FDA guidelines. The infringing Dazzle Smile Pro company cannot make our credibility claims, and they are they properly labeled. What is most important, though, is the proportion to which this alleged consumer fraud has grown. We believe that there are thousands of consumer victims and millions of dollars that have been wrongly pocketed by the infringing Dazzle Smile Pro and its principals. The fraud was referred to state and federal law enforcement agencies and has been under investigation for several months. Stay tuned and watch for the progress being made to irradicate this criminal activity.
@Roger thats great so can you answer the terms and conditions that are listed above quoted from your site? Why would you do auto ship and hide it in terms of service? I want to believe you but with terms and conditions that have those gems I do not trust you at this point. I put the terms again down here
@Roger one more question, since you believe there are thousands of victims what are you going to do for them? Or are you only seeking damages done to your company?
Replied to this question, but I do not see the response here. I’m assuming it’s being held for your moderation.
Yes, sorry about that not sure why it picked it except maybe the URL thank you for replying
In answer to your Terms and Conditions question, for a short time during May and June 2009, we unwittingly entrusted our Internet marketing to the same company that is one of the perpetrators behind the massive consumer fraud. We conformed some of our Trial Offer terms as directed by that company. When we realized what they were doing, we severed all ties with them and corrected the Terms and Conditions back to our original web purchase agreement. Since our website has been copied without authorization, and pirated, I believe that you may have not been viewing the correct Terms and Conditions we post on our website. To be certain, please follow the link: http://dazzlesmile.com/shop/pages.php?pageid=6. Those are our sanctioned Terms and Conditions. If you would like to discuss this or any other topic, feel free to eMail me directly at [email protected] or call (801) 573-1650.
With respect to your second question regarding consumer fraud victims…dazzlesmile ™ has received more than 10,000 eMails and customer service calls about the counterfeited products and the pirated websites that purport to be dazzlesmile ™. Those victims have been referred to state and federal law enforcement, and at last word they are growing a nucleus of organizers that are preparing to sue the offenders in a class action. You might also like to know that one of the three major broadcast television networks will soon be airing an expose on the perpetrators.
I’m happy to see that our watchdogs in the federal government are now interested in this matter, but only after as you noted thousands of innocent citizens have been ripped off for millions of hard-earned dollars. However one need only visit the website of a competitor of yours, the “ripoff report” to see the blatant reality of the situation; along the right side of its homepage, right next to consumer complaints about tooth whitening ripoffs, is an advertisement for, you guessed it “Brite Teeth Pro”.
Found this press release today:
dazzlesmile Sues Epic Advertising and Jesse Willms:
http://www.prnewswire.com/news-releases/dazzlesmile-sues-epic-advertising-and-jesse-willms-73643942.html
Full complaint is at:
http://www.dazzlesmile.com/epicadvertisingcomplaint.pdf
I also heard that at Adtech there was an affiliate who claimed to have made $100 million from promoting the dazzlesmile (Just Think Media) CPA offer over the past year. Mind boggling if that’s true – just one affiliate made that!??
In which case how much have Jesse Willms/ Just Think Media made (or rather ‘stolen by deception’)? (They have many other offers too: Acai, Google Kits etc, etc):
http://www.webcops.net/just_think_media_spam_scams_8001.html
By the way Roger LeFevre why are you not suing the affiliates as well (they created the fake blogs and bought the advertising media buys that meant the ads were/are all over the internet) Also Azoogle is only one cpa network – many more have promoted Dazzle smile (now called Premium White) eg: Neverblue, Mediatrust etc etc
@Chuck great information I am trying to get in touch with Roger LeFevre to get some answers for you and myself but overall I am impressed with the lawsuit I will be posting a briefing on it later tonight.
I feel this is the right move for them.
@Chuck Just Think Media has already had lawsuits filed and settled against them for stealing other products, it was EDirectSoftware then however.
Excellent work and write up Matt! I think Farend is listed in Oprah Winfrey’s big action as well. So they’re gonna be busy in the legal office!
.-= Strangely´s last blog ..Not Bad for a Practice =-.
@Strangely thanks, I am looking to find the Oprah lawsuit as well to see what information I can find did you read the lawsuit write up I did yesterday?
Oh, just when one thinks the Dazzle thing has gone away (4 charges to my bank account AFTER I returned the product), now here we go again.
The Farend rep “Tamara #6121″ says the Dec & Jan charges of $24.82 to my checking account are for the World Club online fitness membership I was automatically entitled to as a Dazzlewhite subscriber. Except – I had to cancel within 40 days of receiving their email giving me an account name and password (never received). So here we go again – no refund, no apology – and no service received. Let’s hear from you, Farend, on this one!!