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Brainetics LLC / Fraud

United States Review updated:

Somewhere around April 14, 2010 my 11 year old daughter saw an infomercial on tv for the Brainetics product and took my credit card information and ordered it thinking it only cost $14.95 when it actually costs $164.94. All this took place without my knowledge. I found out about it around 04/19/10 when the package arrived at my home. At that time I called the company and explained what happened and was told to send the package back via return to sender and that I would be issued a refund and that there would be a note on my account that this was a fraudulent charge. I sent the package back on 04/20/10 as per the instructions and today noticed that I was not only not issued a refund but was charged the other $149.99 and when I called the company was informed that they would issue a refund for the $149.99 when the package is scanned into the warehouse but the $14.95 is nonrefundable as per the agreement that I signed when I ordered. I explained again that it was a fraudulent charge and was advised to call the police on my own child and report her. All I want is a full refund for the returned product and for them to put some sort of safeguard in place that will prevent children from ordering things from them without the parents permission. The web page is very misleading as far as pricing, especially when it is being read by a child.

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Comments

  • Sc
      3rd of May, 2010

    Just for fun I pulled up the site and had my 10-year-old (that's right 10) tell me what the page said. He noticed that it was more for the 14-day trial right away. Perhaps you should just consider this an expensive lesson because it really is your fault. Here's why:

    One, your child was obviously allowed to get online without supervision, and it is your job to monitor computer usage.

    Two, it you also your job to keep your purse or wallet away from your kids. Better yet, teach them that using your money (or credit cards in this case) is stealing.

    Three, you can sit there and exclaim that you shouldn't have to watch your child like a hawk every second of the day. Again, you are wrong. You are the parent, its sort of in the job description.

    The safeguard you mention is YOU!
    Chalk it up to a learning experience for both of you, and if I were you, I would thank my lucky stars that my child wanted to use an educational tool that makes math so much fun.

    +5 Votes
  • Sh
      5th of May, 2010

    Thats easy to say when it didn't happen to you. guess your perfect and have never ###ed up before in your life right?

    +4 Votes
  • Sc
      6th of May, 2010

    Yes it is easy to say it because it never has happened to me. I watch my children. And I am pretty sure I never said that I am perfect but thanks for thinking it. By the way, it is spelled you're not your. Next time you want to get smart, think twice. It is also quite telling that you needed to rely on cussing to get your point across. Very mature.

    The point is, parents need to monitor their children. What if it had been something way more serious?

    -7 Votes
  • Ch
      8th of May, 2010

    Scambuster96 may be quite the smarty-pants, but he/she is, without question, an insufferable pill.

    +3 Votes
  • Cu
      20th of May, 2010

    Your topic is misleading. Brainetics did not commit fraud. Your child did.

    That said, it seems that their return/refund policy is far from seamless. This is something that is always good to consider before ordering from a company.

    +4 Votes
  • Dr
      30th of May, 2010

    My child has used my cc and purchased new parents to supervise her. I hate the new parental units. They eat my food, they sleep in my bed and use my car. They also purchased Brainetics and now they are smarter then all of us.

    Pay the 14 dollars and stop your whining. You can act like a man! Even if you are a woman.

    +2 Votes
  • Da
      1st of Jun, 2010

    Y0u go, ScamBusters96! I have seven children and you are SO right. It seems there are many mommies & daddies today that are not 'parents'. Someone must've forgotten to tell them that the word 'parent' ALSO means role model, persistance, heartbreak, and an occasional lack of popularity. Perhaps, after the dust settles, she'll think about what's been said and model 'acceptance of responsibility' for her daughter's sake. Thank YOU for taking the stand - and standing strong.

    -2 Votes
  • Ba
      4th of Jun, 2010

    YO SCAMBUSTER YOURE THE [censored]..SHE USED YOUR CORRECTLY...YOUR IS DEMONSTRATING OWNERSHIP WHICH SHE WAS DOING AND YOU'RE IS SAYING YOU ARE..GET THE FACTS RIGHT BEFORE YOU TRY TO PUT SOMEONE IN THEIR PLACE "YOU'RE" THE ###ING [censored]

    -3 Votes
  • Ka
      4th of Jun, 2010

    Thank you Bananarama! I was just about to say that.

    1. Scambuster YOU'RE a dumb hateful ###

    2. Check YOUR facts before you try and be a smart ### and correct someone else when YOU'RE wrong

    3. Shimmy dog you have every right to complain about what the company did to you. It could happen to anyone. Kids will be kids no matter how amazing of a parent you are honey. They should have some sort of safeguard. Any company that would allow an 11 year old to order with a parents credit card should be called out on it. The man or woman who took the order sould be suspended if not terminated all together. Plain and simple.

    -2 Votes
  • Mr
      4th of Jun, 2010
    Best Best Advice

    Sorry, you can not own a perfect. Scambuster wins!

    +7 Votes
  • Hi
      4th of Jun, 2010

    All you stupid idiots that agreed with "shimmy dog" need to go back to elementary that is if ya'll (yea I'm from Texas) didn't drop out sooner. It's "you are" not your. YOUR shows possession and you cannot own perfect. BECAUSE the understanding is the human race is not perfect as we have seen with the previous comments on this page. Just in case all you are wondering I am an English major.

    +3 Votes
  • Dr
      5th of Jun, 2010

    If you ask me all of you sound like children rather than adults and you sound totally ridiculous and it's no wonder these kids are the way they are these days. They don't show others respect nor do their parents. It's not that serious people! It's truly not that deep!

    I agree this post was misleading in that it was not fraud, I also agree that the customer service rep should've known better than to take an order from a kid.

    I don't agree with the negative banter going back and forth and the accusations of neglect on her part because no one knows this individual. I do know that teenagers will try you, face it we've all done it as teenagers so no one is immune to it.

    As mothers we need to stop badgering each other and work together to help and encourage one another and stop acting like we're perfect and our kids don't make mistakes. Mistakes are going to be made, that's life but it's how we handle them and how we teach our children to handle them, that's what counts.

    +3 Votes
  • Ca
      14th of Jun, 2010

    If it was my child that used my credit card to order any item and there was a non-refundable fee, I would make my child pay me back for the $14.95. 10 years old is old enough to know better and by making your child pay that, she learns and important lesson.

    +6 Votes
  • Im
      18th of Jun, 2010

    What does Brainetics have to do with this anyway??? This is obviously a case of laziness, ignorance & narrow-mindedness:

    -Too lazy to properly discipline your own kid - instead you blame others for your own shortcomings.

    -Too ignorant to help your kid with 5th grade math when she is obviously crying for help.

    -Too narrow-minded to accept your own faults and take ownership of your actions.

    Your child should be commended for having the desire to make self-improvements. Something she obviously didn’t get from you. So put the bag of potato chips down, turn off the TV and go help your kid!

    +5 Votes
  • We
      23rd of Jun, 2010

    I think there needs to be a screening process for this "blog" !!! Good LORD...Can we act anymore like a bunch of teenage brats !? Allllll...I hear is ..."Not MY baby"...LOOK @ the REAL problem here !! YES...ur baby did WRONG...it is NOW ur job 2...use this as a teaching EXPERIENCE ! (this if breaking the LAW...U DON'T do it ) ... Parents these days r soooo fast to blame EVERYONE but there child ...(or themselves...after all it was the parent who did NOT... already teach this to the child) Most 11 yro don't know that whipping out "plastic"...is how u pay for things !! (they do what we parents do ! If ur a parent who whips out the "platic" when U want something...RIGHT NOW...then...that is what u have tought them)

    0 Votes
  • Ma
      24th of Jun, 2010

    Give it a break would you. You really should pay attention to your childs computer use and better yet your credit card. Everyone knows that once something is ordered the sending company ships your item via one of the major mail delivery systems whom they contract to deliver your package. Your package was delivered, done deal. If you want to return it then do so your not getting your money back. The great part is you wil be paying the shipping to get it back to the wharehouse depot. You can expect your refund in approximatley 7-10 business days. Most companies work this way so suck it up and be happy they are allowing you to return it. Most companies are not required to accept returned packages that may have been open so better hope you rejected it!! Furthermore, maybe you should keep the program as I hear it creates brainpower which you may be able to use so you don, t (forget) to leave your card lying around. No complaints here, do you really think the guy is going to spend thousands of dollard to patent a product, put it into prodution the tour the country in person to show you something that doesn't work. If 20/20 approves of them and they are a reliable source you can bet it works! case closed! next...

    -2 Votes
  • Ma
      25th of Jun, 2010

    HispanicPapi, I agree with your comment on the topic at hand however as an English major I would disagree that any professor would score your verbage with a good grade. Hands down most English majors incorporate good spelling into thier grammar. I for one am not admitting I am perfect as we are all human, but comming form a diverse city I can present myself with proper english grammar or I can go ghetto. Seems more like you did okay on your spell check but here is what the dictionary came up with on your punctuation as far as grammar.

    y'all

    pron
    Southern U.S. Same as you-all

    Sorry mr. English major I'm not buying that wack *ss lie. Notice your grammar shows and I quote "ya'll". Don't believe me look it up. Stay in school it will pay off some day.

    I am not an English major but here's a better version of your comment.

    All of you stupid idiots who have agreed with "shimmy dog", need to go back to elementary school, that is if y’all didn't drop out sooner. It is "you are" not your. “Your” shows possession and you cannot own perfect. One should understand that the human race is not without perfection as displayed by the previous comment. For those of you whom are wondering, I am an English major.

    P.S. I'm not claiming to be an English major I'm just stating I don't think your telling the truth. Lates Homie

    -4 Votes
  • Lo
      28th of Jun, 2010

    Can we all just get along?

    +1 Votes
  • Lo
      28th of Jun, 2010

    Can We All Just Get Alone?

    -3 Votes
  • In
      29th of Jun, 2010

    I found the complaint helpful. Am wondering how filing this complaint turned into an attack on parenting skills. To the complainant may I recommend that this abuse NOT turn you into a shrinking violet, that you continue to share your experience. As for YOUR, how about "your" child. Can you "own" a child? (hint - you can own the title) I hope your complaint was ultimately resolved satisfactorily and that all of us continue to read the "fine" print. Again, thanks for sticking your neck out and reminding all of us to take care.//

    +4 Votes
  • Ho
      30th of Jun, 2010

    Have you all nothing to do but correct each other's spelling?!?!?!

    Franklyn, the complaint originator, should not be giving credit card access to your 10 year old for goodness sakes!

    Forget about watching your child on the computer, if you talk to your child, incorporate controls on the computer, (they all come with them -- look in the control panel, ask at staples for software, ... ), and set the limits with your child about using the computer, then it is imperative that your child use the computer freely so that he/she will advance, and not stay behind, in IT.

    +1 Votes
  • Wa
      5th of Jul, 2010

    I wish they gave you a full refund so that this ###ed string of crap never bore itself into existence!

    -2 Votes
  • Ps
      8th of Jul, 2010

    ROFLMFAO GOD i love this type of human interaction! GIVE EACH of them guns...

    0 Votes
  • An
      14th of Jul, 2010

    Hello ... I'm watching the 'Brainetics" informercial at mid-day and find it extremely manipulative and understand the frustration of the original poster. The complaint centers upon whether a company can unknowingly accept an order from a child using a parent's credit card without their consent. The answer is if the company acts in good faith it is not liable. Under the law the thief is the child and a parent in most jurisdictions is responsible for their minor child's actions. If your child broke the neighbor's window and you got charged, would you act the same? The procedure as with any act of theft is to file a police report as you were told.

    If the claims and advertising practices of Brainetics are deceptive you need to file a complaint to the FCC and prove this and they will fine them, require changes, or otherwise sanction them. If you have a receipt for returning the merchandise you can immediately dispute the $150 with your credit card and show it was returned, and assuming this was the Brainetics deal, the disputed amount will be temporarily credited to you until the formalities are finished in the case.

    Despite the obvious deceptive advertising here IMO (It is a 45 minute child-can-be superhero targeted barrage of "Simply eat a bowl of this cereal and even the dumbest kid can effortlessly fly to Mars", but cereal companies don't ask for your credit card and commercials only last 20 seconds. The problem is you are not the police, judge and jury and Brainetics is innocent until proven guilty. I understand you cannot watch your child 24/7. If you have allowed your child to use your credit card in the past, you'll just have too man up to their decisions, even though you didn't agree with this snake oil purchase - this is a discussion of trust and responsibility. Snake oil sales are a legitimate business unless you have proof and provable false claims you can take up with the FCC. But that is a different issue and a different mode of complaint. It doesn't give you an immediate cash refund, either. Good luck with your kids. An estimated one in four children use their parent’s credit cards without authorization so lessons in family finance do make a lot of sense.

    0 Votes
  • Go
      19th of Jul, 2010

    From what I understand is... the child used the cc card to purchase the Brainetics item on the Internet website. There was no sales rep. Anyone could have used the card. However... I find no fault with the Brainetics program. It really seems to work for our kids. God Bless Mike Byster for developing this program. I wish I had it while I was growing up. I'm very bad with math.

    +1 Votes
  • An
      20th of Jul, 2010

    I majored in math in college and it got me my job and I support my family from what I earn in the field. I find the whole Brainetics premise interesting, but I don't consider it math at all. Cheap calculators hit the market in the 1970's and the world has never needed anyone to be the fastest calculator on the block. Math is so much more and to call this a beginning is really an insult IMO. It is senseless bragging rights like doing tic-tac-toe quickly, when efforts could be better directed (though it is of some use). In the complaint the OP says the child got the info from the Infomercial. We have no reason to doubt them, any more than the last poster who claims Brainetic has helped their child - well, we have no proof that person doesn't work for Brainetics - right! - Just because there is no proof it was the child ordering. If someone doesn't like a product so much, Brainetic LLC (right - Limited Liability Company is typical for companies which don't want responsibility if sued) would be smarter just to refund the money no questions asked - they calim to be so great, they should deal positively with a few unhappy customers. Unless it is far more than a few, or unless they really are a scam. The product is so oversold, and if some enjoy making a three ring circus and picking this guy as a superhero, have fun. But I'd just buy my kid a musical instrument and get him doing something that will be useful down the road in life.

    +1 Votes
  • Mo
      22nd of Jul, 2010

    Get off of the computer and Go Watch Your Kids!!

    -1 Votes
  • St
      25th of Jul, 2010

    what a lovely bunch of idiots...
    Get a life

    -2 Votes
  • Sm
      25th of Jul, 2010

    Brainetics maid me lurn stuff i nevor new and now I em purfect and nevor maik miss takes enymoor. Yaiy Brainetics. The best waist of munny I evor spint.

    +1 Votes
  • Eh
      26th of Jul, 2010

    ^^^^Best comment yet^^^^
    Here's what needs to be said. Scambusters get the sand out of your fat saggy vagg and stop being such a ### no one like those, there are plenty of ways of telling the poster that she has some blame to herself to own up to without being completely rude. Now original poster most people on here are right, even the scambusters ###. You need to watch your children at ALL times. Most especially on the internet and if your at work put a lock on the internet so they can't access it. simple...

    0 Votes
  • Tu
      28th of Jul, 2010

    Scambusters96, I am sorry this happened to you, and I am sorry for all of the negative comments you have received from some of the posters. It would've been better to offer you some help than berating your parenting skills, but unfortunately, that's the world we live in. Please see the following information I found from the website: www.legalcorner.net :


    " Q.Can a minor enter into a contract or be held responsible for a debt?

    A.Generally NO. A minor (other than an emancipated minor) cannot (1) give a delegation of power, (2) make a contract relating to real property or any interest therein, or (3) make a contract relating to any personal property not in the immediate possession and control of the minor. Any purported "contract" involving the above made by a minor is absolutely void. In addition, a minor can disaffirm (cancel) many other contracts before becoming an adult. This means the minor can declare the contract void, but the other party to the contract cannot; it's a one way street. The main class of contracts which a minor CANNOT void or disaffirm are contracts for "necessaries" (e.g., contracts obligating the minor to the reasonable value of things necessary for the support of the minor or the minor's family). Note this does NOT include rent because a minor's rental (real estate) agreements are void. There are other less-common exceptions and qualifications to these general rules.

    small business laws, contract, contract law, contract with minor, contract under 18, contract void.""


    TO SUMMARIZE: A minor cannot enter into a legal contract. Whenever you purchase services or goods, you are entering into a contract of sorts, with an agreement to pay. The customer service rep. should've been aware of this. This is why you see on all commercials or advertisements for merchandise "MUST BE 18 YEARS OF AGE OR OLDER TO ORDER OR HAVE A PARENT/GUARDIAN NEARBY". Having said this, you will have to prove that the customer service rep. that took your daughter's order knew she was a minor, yet placed the order anyway, just to make a sale. This may be difficult to do. But if you want to pursue it, I would suggest you contact the Consumer Protections Department of your state and/or file a complaint with the BBB. Other options would be to get an attorney specializing in consumer litigation, suing the company in your state's Small Claims court (you can do this yourself) or get a Legal Aid Attorney. For the amount that you're disputing, Small Claims Court would be the way to go, in my opinion. Good luck!

    +1 Votes
  • Tu
      28th of Jul, 2010

    I meant the above post for "Franklin" not for Scambusters96. Haven't had my morning coffee yet!

    0 Votes
  • An
      28th of Jul, 2010

    Tunie,

    In the nicest way, I'd like to suggest that your comments are absurdly litigious, misleading and run against the grain of the US Constitution. It is impossible to know or at least prove whether Brainetics was an accomplice to the minor child's crime (i.e., encouraged the child to steal from their mother's pocketbook to make the purchase). You seem to get that somewhat but are unable to reason what that means in this case.

    The only documented crime here is the use of the credit card and that is the first one that would be heard in any legal analysis or proceeding. Visa’s legal counsel, while testifying before the US Congress affirmed their user agreements and common law when discussing companies that ask for credit card numbers on the internet to verify age in reference to minors, identity, and the Internet:

    "Inadvertent Commission of Criminal Acts. …. Unauthorized use of a credit card is a criminal offense. If, for example, a child made the mistake of using a credit card in connection with an Internet transaction without the knowledge of his or her parent, and the parent reported that unauthorized use, a criminal investigation might ensue before the true nature of the problem was discovered. This not only would divert scarce enforcement resources from more important concerns, but also could create problems for the child and the family that are far worse than the harm against which the Proposal seeks to protect."

    As for getting their money back, I covered in a previous post how a simple dispute to the credit card company would immediately get the $150 back saying it was already returned (no mention of the child), rather than have to wait the two weeks or so as the company claimed necessary to receive the refund (time of which is long past by now, I think). Regarding the rest which is only $15 promotional offer that the child bought, paperwork would be more that the amount and small claims court would throw it out as soon as it was established what the child did and it would end up creating a criminal record for the child.

    The complaint to the BBB would have little weight, though it might exact a bit of revenge/blackmail on Brainetics until it was successfully removed by them. You miss the basic problem that others have picked up on: the child is sticking their fingers in their mother's purse ... and Brainetics has nothing to do with this. Brainetics is a victim - innocent until proven guilty is a basic right in the States and no special treatment is afforded by law to anyone, child or not. Just because we don't like the product, doesn't mean it is a crime. This is not a question of parenting skills, but it is one of a parent owning up to their child breaking the law in an unmonitored moment according to their cardmember agreement. The only protection against that is possibly that the credit card company will hold the cardholder responsible only for the first $50 once the type of fraud is identified (so the $15 is theoretically possibly coverred), but you can bet that the child will be charged criminally if the card company can be convinced to rrefund anything. That is the obligation of the credit card company.

    If, hypothetically, your neighbor's child shot dead your own child (or used their parents car although they were too young for a license and ran your kid over, because his parents were careless leaving guns unsecured around their house, and then they said from one side of their mouth - our son did it but because he isn't allowed to use a gun so don't blame us and btw our son can do no wrong so don't ask us to confirm or deny what he did either ...

    A credit card holder, gun holder, etc., all have the responsibility to protect their card, gun and there is no clause about your dog eating it or kid using it, etc. If it has been used fraudulently by the child, the legal guardian of the child is liable if it is not a crime the minor can be charged with directly. The pent up frustration in the less than friendly replies is mostly due to people seeing yet another example of a parent who just can't understand that when their child does something bad, the parent must take responsibility.

    0 Votes
  • An
      28th of Jul, 2010

    Oh, and just to clarify: I have not condemned the OP in any of my comments - far from it. If you reread the original complaint you will see they only want the $150 back and accepted the $15 loss on the promotion which is basically the deal their child got into using their card. Their issue was not wanting to report their child to authorities for stealing their credit card information and using it (and implicit in their post was to shift the blame to Barinetics for not figuring out their child's crime). We all understand their feeling frustrated that the child made a purchase they do not approve. But trying to pass the parenting responsibility/financial honesty policing to Brainetics (sleezy as that company may not or may be) is objectionable. Their objection when they complained was that the $150 was not immediately refunded and that Brainetics wanted to confirm that they go the material was returned first. To that comment I suggested they just dispute it with their credit card company giving the reason merchandise was returned. That would get them an immediate temporary credit and all that they required ... end of story.

    0 Votes
  • Tu
      28th of Jul, 2010

    AnotAmouse - Can you explain to me who you are, and whether or not you represent the company? Because if you do, why are you being so defensive? I don't pretend to be an attorney, far from it. I am a consumer who is just pain sick & tired of possible scammers & companies willing to do what it takes to relieve people from their hard earned money. And yes, I did read the original complaint...and your problem with that????!!!

    0 Votes
  • Tu
      28th of Jul, 2010

    That is the problem with this country - so willing to go onto attack mode to attack peoples' characters without offering any real solutions.

    +1 Votes
  • De
      31st of Jul, 2010

    KayyBabyy, shimmydog, Bananarama, you all clearly are quite delusional about your parenting skills and are terrified of being parents to your children...if you all actually do have children and can speak from experience. I've scoured the web for hours looking for anything negative about the product in question and have only found questions about the legitimacy of brainetics and / or nonsense (like shimmydog's complaint) concerning the product. What I would like to know is, will I have buyers remorse after realizing I could have done the work and compiled the shortcuts for faster learning and mathmatical calculation myself, for less than $149? As I write this I 'm thinking that it may be worth $149 to get the head-start.

    0 Votes
  • Mi
      6th of Aug, 2010

    Good lord. All of you sound like children. Yes, this person should of watched what their child was doing on the computer and in their purse. They must of learned their lesson but it's a little out of line to be rude and correcting spelling errors that's completely non related to the topic.

    Now about this Brainetics thing...why pay 150 dollars to teach your children how to do math when you can find other ways and creative means to teach them? I wouldn't pay that much for something that only teaches muscle memory and not how to do more complicated math problems. That's the only flaw I see. Other than that, if you want to pay for it, go ahead. Don't expect math majors or getting ahead in algebra.

    +1 Votes
  • Sa
      7th of Aug, 2010

    Wow...I was looking for info (pro or con) on the Brainetices system to see what others who've used it thought about it.
    I was truly amazed at the exchanges here. Speaks volumes about the state our country is in.
    I'll keep looking for actual comments about the system and whether or not it is worth the $100 (or whatever) price tag.
    I can only hope that one day people will again start being responsible for their own kids rather than always trying to make it the fault of the computer, the TV, the infomercial, MTV, the kids at school, or who/what ever.

    0 Votes
  • To
      11th of Aug, 2010

    [url=www.dunksbshoes.com]nike Dunk sb shoes[/url]
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    0 Votes

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