Smoking Everywhere Scam

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McWhat

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Oct 4, 2009
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Yeesh, I got an email at work today from Twitter. Which was my first clue a spammer/scammer had started following me. I'm pretty boring, and don't really pimp my twitter. Opened the email and "Smoking Everywhere" was now following me. I guess it's what I get for mentioning e-cigs. I get home and their username is "FirstFreeTrial" and the listed name is "Smoking Everywhere". I was going to block them from following me, but decided it'd be a better idea to tweet their T&C's. Hopefully someone will look at who they're following, and maybe stumble on that before they sign up.
 

awf40

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Sep 22, 2009
95
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Kansas
Since you got the 99 dollar charged reversed, why dont you just let them keep the 10 bucks they still have of yours and keep the SE e-cig. After all the 4081 is a pretty good e-cig. I have one that I got at the mall. I payed way too much for it, but I still like it.

If you only pay 10 bucks for it, then you got a pretty good deal. Parts for the 4081 are everywhere and so is juice. Be happy and vape away!
Yes I got it reversed, & it was pretty quick but that does not mean the end of it yet.. Oh Whistlrr my cc is a chase card as well.. Since mine came in on Saturday I had a day or 2 to think about keeping it or not.. I chose not to keep it so it is sent back in today's mail. I did not open the package up so it will just go back to them without having to pay postage.. I have a email saying I canceled it & I had a person on the phone last month & verified that it was cancelled, but at the time I did not get an id from this person cause I thought that was the end of it. I just received a card in the mail yesterday from my cc company saying that "If the merchant provides information supporting the transaction, we will review the dispute again and contact you if we need more information or need to re-bill your account. Please keep all documentation related to your dispute in case additional information is needed."
So if I keep it, sounds like I would have to pay the 99.02.. The only proof I have is that email & that is all.. Nothing else is in that email.. I guess I would also have there phone # on my phone bill as well..
 

awf40

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Sep 22, 2009
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Just something else I would like to add.. I have re-read there terms & conditions & it does say 9.95 is non refundable BUT... They expect us as customers to follow there terms when they don't follow them themselves..


1. I cancelled my order last month within an hour of making my order. Witch it would have never been shipped out to begin with. That 9.95 is for postage.. Ok so get screwed with that right...

2. Ok so get a call from them 2 weeks after & tell them again I cancelled my order & they check & say yes u did.. Ok so should be the end right..

3. Not.... Get an email on oct 14 saying its paid for & shipped. WTF!! Tryed getting a hold of them & just got answering machine, left message.. Left 2 more emails to them.. Heard nothing back from them.. Call cc company & reversed it..

Now what bothers me is this U CANNOT CANCELL WITH THESE PEOPLE.. They keep charging you.. Anyways if u think about it u are suppose to have a free trial paying 9.95 & try it for 14 days. If u do not want it or continue with them u can cancell before the 14 days is over.. Well I never got this at all. So where do they follow there own terms & conditions...
 

catwoman19

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Jul 16, 2009
620
7
Orlando
Well, unfortunately I was suckered in on thier website and ordered one. I never got a popup because my pc blocks them. I paid the $9.95 shipping fee. never got the cig and Saturday they hit my checking account for $100. My bank won't do anything about it other than let me file a complaint AFTER they pay them. Anybody got any info on what I can do to get my money back?:evil: Wonder if we all got together and filed a class action suit if that would put them out of business, because they seriously do not belong in business. They are CROOKS
 

catwoman19

Super Member
ECF Veteran
Jul 16, 2009
620
7
Orlando
as much as that sounds good. They are also the biggest company going after the FDA (if what I read is all of it and if I understand it correctly). so If we put them out of business then the FDA will have these banned.

SE is already saying they are going bankrupt, njoy stiill has thier suit going against the FDA
 

whistlrr

Super Member
ECF Veteran
Sep 10, 2009
414
4
Michigan's Knobbywristbone
There's some postal rule about if something is sent to you that you didn't ask for you are not obligated to return it (something like that, maybe somebody either already knows what I am talking about or can look it up?)

So, because I canceled in september.. and now I'm thinking the reason "hugo' told me 'it might take 72 hours for your 99.02 to appear back on your card' was exactly so he could quick backdate the claimed shipping date to one day before I called SE (called and got him on the 15th, spent a LONG time in the phone with Hugo from SE and nothing was said the whole time about 'oh we just sent you out one' or anything).. this was a trick to get me to wait so they could quick send me the thing and have it as an excuse to try to get my 99.02 out of me for keeps.. thats what I think

but I have the proof that it was canceled a full month and a few days before this trickery came... so I am thinking I am NOT obligated to the 99.02 for this thing that was backdated to appear on the invoice as if it was sent on october 14th (one day prior to my talking to SE's Hugo)..

and there's that 'if you got something you didn't ask for' (or whatever, if somebody knows that rule/law please talk about it here)

so I'm thinking I'm okay.

my credit card didn't jsut reverse the charges like I asked, but 'put it into dispute' like I described above and I asked for that card to be closed and a completely different card instead, but still, I am a little sweating this having this stupid unwanted SE Gold One here...

There was no option to return it on the box anywhere.. where I live packages are stored in the complex office for a few days, this came on a saturday, I didn't get it until the following monday...

so I dunno

and if you are supposed to return it and they can finaggle it .. can they just pretend your still 'subscribed' and.. does this have potential to screw up your credit rating etc?

Even if you do send the damned thing back, what keeps them from pretending you didn't send it back/pretending they never got it back and just keeping on and keeping on?

I'm hoping on that post office rule, the fact that I do have proof (even if my stupid credit card 'doesn't do emails' and therefor won't look and see), but kinda sweating this a little too.


I hope the server stops being too busy to let me add this thought:

Isn't there something about being sent something unasked and not being obligated to pay for it?

you know, say Koosh Balls Inc or something sent you a package of koosh balls you didn't ask for, they can't send it then make you pay for it

I'm hoping somebody (especially my credit card) knows this rule I am talking about (because I am kinda sweating the trickery of "hugo' at SE telling me to 'wait 72 hours for the 99.02 to re-appear on your card' when evidently this was a ploy to get me to wait so they could hurry up and send me the stupid Gold One over a full month after I had canceled but pre-dating the invoice to one day BEFORE my conversation with "hugo' about this.. and with my credit card only being willing to 'put this into dispute' and not 'doing email' so I can't show them and prove any of this... )

and what if you even do send the stupid thing back? what keeps them from just pretending you never sent it back? what keeps them from just going 'woops, sorry didn't see that, yes we see you canceled AND sent the thing back" and just... going and going like some evil engergizer bunny trying to dispute and fight you for all eternity?

I hope somebody knows that postal rule I'm trying to talk about and can maybe elaborate on it here and frankly I DO hope SE goes bankrupt and quick (before they can potentially really screw my credit rating and relationship with my credit card over this)


just how is my total (with first $9.95) of about $109.00 "forced donation" (aka the theft of) supposed to help the FDA cause? come again?


Personally the best thing that could happen to us is if SE goes down/goes away and the FDA tries to pick on a reputable decent Electronic Cigarette business, one who doesn't make stupid claims, one who doesn't sink to these 'business' practices -- because it'd be a lot harder for the FDA to take down somebody who's for real and doesn't have this sort of 'baggage' to go with 'em like SE has.
 
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whistlrr

Super Member
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Sep 10, 2009
414
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Michigan's Knobbywristbone
UPDATE:

I only just received two things from the mail (yeah the mail runs insanely late here plus my friend just now about two hours after it would have run brought them up):


1. New credit card
(whew)

was starting to wonder, was getting right up on the 'should receive it in ten days' mark). This replaces the one I had to have closed just to be sure to keep SE off of any more sneak-attack charges.

2. a little letter on a fold up cardboard also from my credit card company that reads as follows (copying it directly here):

"We are pleased to tell you that we have resolved your dispute with SMOKING EVERYWHERE 8006 for the $99.02 transaction which posted to your account on October 13, 2009. We've credited your account for the transaction amount and, if applicable, for any interest charges assessed on the disputed transaction. All adjustment(s) will be on one of your next two billing statements.

If the merchant provides information supporting the transaction, we will review the dispute again and contact you if we need more information or need to re-bill your account. Please keep all documentation related to your dispute in case additional information is needed.

We appreciate the opportunity to earn your business. If you have questions.. [and so on and so forth in that vein].. to assist you.

Sincerely, Cardmember Services
"
(whew x2)

I'll be sure to keep the email from SmokingEverywhere, especially the one that has my subscription account number right on it and includes my email to them they were responding to that plainly says "your subscription is canceled."

Now all I have to worry about are:
1. how to pay off the legitimate bills that were still on my now dead old credit card (since I used to pay online but killing it took it off my online card list. I'll probably have to call my card and get them to move those charges to the new card or something) and
2. Wonder and still worry a little about the fact that SE did send me that "Gold One" out of nowhere and unasked the way they did a full month after I was canceled with them and when they were supposed to actually be fixing this instead.. Still wondering if them sending that at the end is going to come back eventually to bite me somehow.


no idea what the 8006 after their name in the letter means. its not any part of any account or any part of my 'trial subscription' account I had (for less than an hour and well over a month ago) with SE.
 
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awf40

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Sep 22, 2009
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Kansas
Well all I can say is I sent mine back & it does have a tracking#, & also have a email & phone # if i have to prove anything down the line.. I just did not want to have a worry that keeping it would mean I would have to still pay them the 99.02.. Actually, I wanted to keep it cause it was there mistake, & all the crap they do to u.. But thought it was better for me to just return it, & hope that this is the end... It better be the end..
 

whistlrr

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Sep 10, 2009
414
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Michigan's Knobbywristbone
Well all I can say is I sent mine back & it does have a tracking#, & also have a email & phone # if i have to prove anything down the line.. I just did not want to have a worry that keeping it would mean I would have to still pay them the 99.02.. Actually, I wanted to keep it cause it was there mistake, & all the crap they do to u.. But thought it was better for me to just return it, & hope that this is the end... It better be the end..


well I didn't even realize what it was at first (and yes opened the stupid mailing box), my apartment manager received it on my behalf on a Saturday and left a note in my mailbox that there was a package in the office for me (a harmless and helpful and rather standard procedure thing to do here under most circumstances), my friend took until the following Monday to get it and bring it up to me.. I really never had a chance to give it back and I'm kinda saddled with it now.

I have proof I was canceled a full month before they sent it..

really don't know what their deal is and what they're thinking with this 'method' because with this many of us the credit cards are gonna know somethings up, its not like a bunch of otherwise good credit card customers are going to inexplicably have a run on hassling one company.. when SmokingEverywhere keeps coming up as a problem to them time and time again they're gonna have to know somethings up

and I'm thinking this trying to force you take take their E cig when they know you're done with them and you can prove it is pretty much giving their product away

I don't know whats up with them at this point.

if somehow barring all that I end up have to give them the 99.02 for the stupid thing, fine.. I didn't have it when I asked my cc about this and they 'put it into dispute' and had that card completely killed off to be safe, at least SmokingEverywhere can't keep on charging me anymore after that, I at least shouldn't have to worry about the 'refill subscription'

Somebody should alert Steven King to this situation, I bet he could turn a hellofa wicked scary story out of the ominous deadly internet/mail order place that just wouldn't ever leave you alone ever ever again....

(Maybe there in the fine print we sold our souls to SmokingEverywhere?)
 

OMB

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Dec 9, 2009
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Western NC
Well, I too, ordered from Smoke Everywhere. I looked for a "Terms and Conditions", but I only found it, in small light gray font, at the bottom of the page. As soon as I realized that they would charge me $89.95 after 7 days, and auto send carts monthly, I sent them an e-mail to tell them to stop my order. I have no intention of paying that price!! I have yet to receive a reply. I will stop payments from my bank, even if it costs to do it. It still wont cost $89. to do that. I'll keep you posted as to what happens next. I am going to my mailbox now to see if my package has arrived.
 

OMB

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Dec 9, 2009
166
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Western NC
I only ordered from SE on 12/6/2009. Apparently I'd be waiting some time before I ever saw the product...if I still wanted it. They have already charged me the shipping fee, but to keep them from further charging my debit card, I put in a stop payment. It only cost me $8.00 and I stopped them for 12 months. I will send them weekly e-mails until they respond, or send me the (now cancelled) product.
I am thankful for this forum. I have researched more thoroughly and can now make a better decision on what products I do/do not want.
 

MarthaT

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Jul 23, 2009
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plantlvr

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Sep 20, 2009
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I've been trying to get my 99.02 back for over a month from this company! I cancelled but they still sent the kit,I sent it back, kept calling, got a 'case' number, talked to more people there, etc. Finally got a guy a couple weeks ago that said they had a new database and my refund info was sent to the wrong dept, OKKkkk.
I should have had my refund in my bank last week, guess who I'll be calling for the tenth time:mad:
 

LindaGee

New Member
Dec 29, 2009
1
0
Alabama
Great! Now what do I do? I already started refilling my own cartridges because I saw how much cheaper it is. Now they are sending me refills that I didnt even order? What are my rights here?
Just as its my turn to get an operater, I get disconnected. Havent received email and am unable to connect with live chat. This is a scary company. I knew it when they waited two days before the deadline to send back for refund just to send it to me.
 

robertpri

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Nov 3, 2009
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This company uses several names:
smoke anywhere
smoke everywhere
EZ smoke
smoke 51
and others

I will be filing charges with the Florida State fraud dept, because this scam generates from Hallendale [sp?] FLA

They have billed me over and over, I file a dispute with the bank, and they cancel the bill. A few weeks later, the bill is back.

The bank has promised to send me all the documents.

My primary dispute is with the radio ad: it said $9.95 to try it, and "you will be so convinced that you will want to continue" etc.

No mention of some monthly contract, no way to cancel it, no mention of auto billing, etc. And there were no docs in the shipment, just the product which did not even work beyond 3 puffs. Their phone number is a recording that gets you nowhere.
 

ontheroadtoquitting

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Dec 28, 2009
107
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Pennsylvania, USA
I too, bought into the Se scam. I bought it at a kiosk for an astronomical price. After many atomizers, batteries, etc...I wanted to return it.

WHOOOAAA! No returns...what a bunch of b.s. I went back to the kiosk numerous times and was told that they were not authorized to do a return and gave me a phone number of the manager to call b/c he is the one that does the returns.

After 2 days, I finally got a hold of him. He continued to tell me that he will do numerous exchanges but will not return the product. Let me tell you what I told him *ahem*:
"Here's whats going to happen. I will dispute the charges on my credit card and it will get taken off because no where on my receipt does it say, no returns. In the end you will be reported to the BBB (which I already did), I will file complaints with the mall until you are out of the mall, and I will end up with the product and you will be out your money.
I tried to make this easy on you by going to the kiosk to return the product and I get my money back. You get back your product, I get back my money and we part ways. Simple. NOW, since you want to do this the hard way, I will keep the product and you will get NO money. Do you understand what I am saying? If I have to, I will take this to court."

He got off the phone with me and told me he will call me back. And gave the whole speech of how their product is fine and that they were shipped faulty batteries and atomizers and they will replace the whole thing.
I told him *ahem* again:
"I DO NOT want a replacement. I want to return it. This is a hassle for me to continuously travel to YOUR kiosk to replace YOUR faulty product. Refund me or this will get escalated."

What a bunch of bull crap. Ridiculous and inferior product that is not worth a dime. :-x

I hope they go out of business tomorrow.
 
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