SBD Enterprises, LLC

June 9, 2017Dear [redacted] :The complaint submitted by [redacted] was received in my office on June 7, 2017.On April 8, 2017, [redacted] purchased the South Beach Diet® auto-delivery program at www.southbeachdiet.com With our auto-delivery program, customers receive a 35% discount off the regular one-time rate of a 4-week plan They also receive free shipping (Continental US) Specifically, the auto-delivery terms and cancellation fee are conspicuously displayed at the “Submit My Order” button, as well as throughout the website Please see the attached When customers click to “submit their order,” they agree to the terms and conditions as provided[redacted] received his first shipment of food on April 13, [redacted] delayed his second auto-delivery shipment on-line on May 1, and again on May 26, On June 6, 2017, [redacted] contacted the customer call center to cancel his auto-delivery program, without accepting a second shipment of food As provided on the attached and in accordance with our terms and conditions, if a customer cancels prior to paying for a second consecutive order, customers authorize us to charge the $debit card or credit card on file for the $chargeback fee, which is a portion of the auto-delivery discount received on the first shipment Due to the perishable nature of our products, there are no returns or refunds In accordance with our policy, [redacted] was appropriately charged the $cancellation fee There is no refund due.We wish [redacted] continued success with his weight loss goals Sincerely, Jacqueline M.Corporate Paralegal

April 25, 2017Dear [redacted] :The complaint submitted by [redacted] was received in my office on April 24, 2017.On January 15, 2017, [redacted] purchased the South Beach Diet® auto-delivery program at www.southbeachdiet.com [redacted] received his first shipment of food on February 2, On February 20, 2017, [redacted] received an email to make changes to his order This same date, [redacted] delayed his auto-delivery program from February 24, to April 21, 2017.Thereafter, [redacted] received an email request to make changes to his second order on April 17, 2017, followed by an order confirmation on April 20, [redacted] received a shipment notification on April 21, 2017, and his order was delivered on April 22, On April 23, 2017, [redacted] contacted our customer call center to cancel his auto-delivery program[redacted] has expressed his dismay at the alleged number of failed attempts to contact our customer service call center Although all attempts are made to have adequate coverage in our customer call center, there are peak hours whereby our customers may experience a longer waiting period All calls are answered in the order for which they are received.We apologize for any confusion caused Please be advised that a customer service representative has been in contact with [redacted] [redacted] has been issued a refund for this second shipment of food in the amount of $ [redacted] should see the credit applied to his account within 5-business days.We wish [redacted] continued success with his weight loss goals Sincerely,Jacqueline MCorporate Paralegal

On 4/11/at 10:p.m., our records indicate that you delayed your order on-line, from 5/10/to 7/7/ You were unable to delay your 4/12/2017, as it was already in progress The delay dates were displayed on-line This delay would have been for your third shipment Thank you

January 26, 2018Dear [redacted] :The complaint submitted by [redacted] was received in my office on January 23, 2018.On January 5, 2018, [redacted] purchased the South Beach Diet® auto-delivery program at www.southbeachdiet.com With our auto-delivery program, customers receive a 35% discount off the regular one-time rate of a 4-week plan They also receive free shipping (Continental US) Specifically, the auto-delivery terms and cancellation fee are conspicuously displayed at the “Submit My Order” button, as well as throughout the website [redacted] submitted her order and agreed to the terms and conditions Please see attached[redacted] received her first auto-delivery shipment of food on January 15, On this day, [redacted] contacted our customer call center to delay her second auto-delivery shipment of food from January 30, to February 6, [redacted] again contacted our customer call center on January 22, to cancel her auto-delivery program.Since all calls are recorded for quality assurance and training purposes, [redacted] ’s cancellation was reviewed It was noted that during this call, [redacted] mentioned that some of her food items did not appear to be frozen Our customer service representative offered to send replacement items, but [redacted] declined As provided on the attached and in accordance with our terms and conditions, if a customer cancels prior to paying for a second consecutive order, customers authorize us to charge the $debit card or credit card on file for the $chargeback fee, which is a portion of the auto-delivery discount received on the first shipment Due to the perishable nature of our products, there are no returns or refunds In accordance with our policy, [redacted] was appropriately charged a $ cancellation fee There is no refund due.We wish [redacted] continued success with her weight loss goals Sincerely, Jacqueline M*** Corporate Paralegal

February 23, 2018Dear [redacted] The complaint submitted by [redacted] was received in my office on February 20, On January 30, 2018, [redacted] purchased the South Beach Diet® auto-delivery program at www.southbeachdiet.com With our auto-delivery program, customers receive a 35% discount off the regular one-time rate of a 4-week plan They also receive free shipping (Continental US) Specifically, the auto-delivery terms and cancellation fee are conspicuously displayed at the “Submit My Order” button, as well as throughout the website [redacted] submitted her order and agreed to the terms and conditions Please see attached[redacted] received her first auto-delivery shipment of food on February 3, 2018, and subsequently contacted our customer call center, on February 20, 2018, to cancel her auto-delivery program.As provided on the attached and in accordance with our terms and conditions, if a customer cancels prior to paying for a second consecutive order, customers authorize us to charge the $debit card or credit card on file for the $chargeback fee, which is a portion of the auto-delivery discount received on the first shipment Due to the perishable nature of our products, there are no returns or refunds Appropriately, [redacted] should have been charged a $ cancellation fee However, as a customer courtesy, [redacted] ’s cancellation fee was waived, during her call with our customer call center, on February 20, No further action will be taken.We wish [redacted] continued success with her weight loss goals Sincerely, Jacqueline M*** Corporate Paralegal

Please be advised we have reached out to this customer directly and issued a refund for her and her husbandWe believe this matter to be resolved.Thank you

August 24, 2017Dear [redacted] :The complaint submitted by [redacted] was received in my office on August 18, 2017.On June 30, 2017, [redacted] purchased the South Beach Diet® auto-delivery program at www.southbeachdiet.com With our auto-delivery program, customers receive a 35% discount off the regular one-time rate of a 4-week plan They also receive free shipping (Continental US) Specifically, the auto-delivery terms and cancellation fee are conspicuously displayed at the “Submit My Order” button, as well as throughout the website Please see the attached When customers click to “submit their order,” they agree to the terms and conditions as provided.As provided on the attached and in accordance with our terms and conditions, if a customer cancels prior to paying for a second consecutive order, customers authorize us to charge the $debit card or credit card on file for the $chargeback fee, which is a portion of the auto-delivery discount received on the first shipment [redacted] received her first auto-delivery shipment of food on July 7, 2017, followed by her second auto-delivery shipment of food on August 23, [redacted] subsequently cancelled her auto-delivery program on August 24, [redacted] will receive no further shipments of food.We are sorry [redacted] was dissatisfied with the food provided on her program The South Beach Diet® is a flexible, easy-to-follow plan which provides five days of fully prepared fresh-frozen and ready-meals each week Two days a week are considered “practice” days, whereby customers practice the principles of the South Beach Diet and may try our easy recipes with additional servings of lean protein, healthy fats and non-starchy vegetables, or dine out following our guidesAdditionally, all plans include counseling options from trained weight loss counselors, registered dietitians and certified diabetes educators, at no extra cost, with further support provided through our digital tools It is our hope that our customers learn to live a heart-healthy life without hunger or deprivation.Due to the perishable nature of our products, returns and refunds cannot be processed once an order is being processed in the warehouse or already shipped Sincerely, Jacqueline M Corporate Paralegal

Dear [redacted] :The complaint submitted by [redacted] was received in my office on June 20, 2017.On April 21, 2017, [redacted] purchased the South Beach Diet® auto-delivery program at [redacted] With our auto-delivery program, customers receive a 35% discount off the regular one-time rate of a 4-week plan They also receive free shipping (Continental US) Specifically, the auto-delivery terms and cancellation fee are conspicuously displayed at the “Submit My Order” button, as well as throughout the website Please see the attached When customers click to “submit their order,” they agree to the terms and conditions as provided.The South Beach Diet® is a flexible, easy-to-follow plan which provides five days of fully prepared fresh-frozen and ready-meals each week Two days a week are considered “practice” days, whereby customers practice the principles of the South Beach Diet and may try our easy recipes with additional servings of lean protein, healthy fats and non-starchy vegetables, or dine out following our guides Customers receive four program weeks of meals each month, consisting of breakfast items, lunches, and dinners Sixty frozen meals will take up substantial freezer space Shipments are done once every four weeks due to the costs involved in shipping frozen foods Our company incurs all of the shipping costs at no expense to our customers Additionally, all plans include counseling options from trained weight loss counselors, registered dietitians and certified diabetes educators, at no extra cost, with further support provided through our digital tools It is our hope that our customers learn to live a heart-healthy life without hunger or deprivation[redacted] received her first auto-delivery shipment of food on May 3, 2017, and subsequently cancelled her auto-deliver program on May 28, As provided on the attached and in accordance with our terms and conditions, if a customer cancels prior to paying for a second consecutive order, customers authorize us to charge the $debit card or credit card on file for the $chargeback fee, which is a portion of the auto-delivery discount received on the first shipment Due to the perishable nature of our products, there are no returns or refunds In accordance with our policy, there is no refund due.We wish [redacted] continued success with her weight loss goalsSincerely, Jacqueline M [redacted] Corporate Paralegal

On July 3, 2017, [redacted] purchased the South Beach Diet® auto-delivery program at [redacted] With our auto-delivery program, customers receive a 35% discount off the regular one-time rate of a 4-week planThey also receive free shipping [redacted] Specifically, the auto-delivery terms and cancellation fee are conspicuously displayed at the “Submit My Order” button, as well as throughout the websitePlease see the attachedWhen customers click to “submit their order,” they agree to the terms and conditions as provided[redacted] received her first auto-delivery shipment of food on July 7, After receiving (i) an email, on July 27, 2017, to make changes to her second auto-delivery shipment; ii) an email order confirmation on July 30, 2017; and (iii) an email shipment notification on July 31, 2017, [redacted] received her second auto-delivery shipment of food on August 2, 2017.Although, [redacted] contacted our customer call center on August 1, to cancel her auto-delivery program, the second auto-delivery shipment was already in process, for which we were unable to cancelDue to the perishable nature of our products, there are no returns or refundsIn order to insure [redacted] does not receive any future emails from South Beach Diet, please be advised we have added her to our “Do Not Call,” “Do Not Email,” and “Do Not Mail” listings.We wish [redacted] continued success with her weight loss goalsSincerely, Jacqueline M [redacted]

[To assist us in bringing this matter to a close, you must give us a reason why you are rejecting the responseIf no reason is received your complaint will be closed as Answered] Complaint: [redacted] I am rejecting this response because:They failed to put in the letter that I went online on April and delayed the auto ship and received a successful confirmation emailThe next day I received an email that my order was shipped after I received a successful confirmation email that it was delayedIf it was not successful or outside of certain guidelines then I should have received An error message or some kind of notification Regards, [redacted]

February 20, 2018Dear [redacted] :The complaint submitted by [redacted] was received in my office today.On February 10, 2018, [redacted] purchased the South Beach Diet® auto-delivery program at www.southbeachdiet.com With our auto-delivery program, customers receive a 35% discount off the regular one-time rate of a 4-week plan They also receive free shipping (Continental US) Specifically, the auto-delivery terms and cancellation fee are conspicuously displayed at the “Submit My Order” button, as well as throughout the website [redacted] submitted her order and agreed to the terms and conditions Please see attached[redacted] received her first auto-delivery shipment of food on February 15, 2018, and then subsequently contacted our customer call center, on February 19, 2018, to cancel her auto-delivery program.As provided on the attached and in accordance with our terms and conditions, if a customer cancels prior to paying for a second consecutive order, customers authorize us to charge the $debit card or credit card on file for the $chargeback fee, which is a portion of the auto-delivery discount received on the first shipment Due to the perishable nature of our products, there are no returns or refunds On February 19, 2018, [redacted] abruptly ended the call without cancelling her auto-delivery program, and therefore, [redacted] ’s account remains active However, in light of this complaint filed, we have cancelled [redacted] ’s auto-delivery program In accordance with our cancellation policy, [redacted] has incurred the $cancellation feeIf [redacted] chooses to cancel prior to accepting a second auto-delivery shipment of food, [redacted] will be charged a $ cancellation fee.We wish [redacted] continued success with her weight loss goals Sincerely, Jacqueline M*** Corporate Paralegal

April 18, 2017Dear [redacted] :On January 14, 2017, [redacted] purchased the South Beach Diet® auto-delivery program on www.southbeachdiet.com [redacted] received her first shipment of food on January 27, In response to the complaint submitted by [redacted] [redacted] received in my office on April 11, 2017, please be advised that a customer service representative has reached out to [redacted] *** [redacted] ***’s South Beach Diet® auto-delivery program has been cancelled [redacted] will not receive any further shipments or incur any additional costs.We believe this matter to be resolved.We wish [redacted] continued success with her weight loss goals.Sincerely,Jacqueline M.Corporate Paralegal

[redacted] I am rejecting this response because:SBD advertised the program for a day, which comes to a total of that is the advertised price as If I did not click off I was offered a coupon to receive an additional off the advertised price, when I called, SBD answer to me was “Well we already gave you 45% off” I said “What do you mean” their answer was “Well its really worth over so you got a discount already” It was such scam, they offered me they should take off their advertised price not come back after the fact and say “Oh well its really worth over 500.00” that is so ridiculesThey are advertising, and leading people to believe if they give it a try they will take the off at check outThat never happened.It’s the same thing as me walking into a store with a coupon, and then that store telling me “Well it was already marked down so although we said we would give you this much off we are not going to honor it anymore” It’s wrong and its principleHow dare they do that to me(There products are NOT worth nowhere near what they claim, I would know) [redacted]

August 24, 2017Dear [redacted] :The complaint submitted by [redacted] was received in my office on August 18, On June 2017, [redacted] purchased the South Beach Diet® auto-delivery program at www.southbeachdiet.com With our auto-delivery program, customers receive a 35% discount off the regular one-time rate of a 4-week plan They also receive free shipping (Continental US) Specifically, the auto-delivery terms and cancellation fee are conspicuously displayed at the “Submit My Order” button, as well as throughout the website Please see the attached When customers click to “submit their order,” they agree to the terms and conditions as provided.As provided on the attached and in accordance with our terms and conditions, if a customer cancels prior to paying for a second consecutive order, customers authorize us to charge the $debit card or credit card on file for the $chargeback fee, which is a portion of the auto-delivery discount received on the first shipment [redacted] received her first auto-delivery shipment of food on July 26, After receiving an email request to change her order on August 14, 2017, [redacted] emailed our customer service center, on August 15, 2017, to cancel her auto-delivery program.We are sorry [redacted] was dissatisfied with the food provided on her program The South Beach Diet® is a flexible, easy-to-follow plan which provides five days of fully prepared fresh-frozen and ready-meals each week Two days a week are considered “practice” days, whereby customers practice the principles of the South Beach Diet and may try our easy recipes with additional servings of lean protein, healthy fats and non-starchy vegetables, or dine out following our guidesAdditionally, all plans include counseling options from trained weight loss counselors, registered dietitians and certified diabetes educators, at no extra cost, with further support provided through our digital tools It is our hope that our customers learn to live a heart-healthy life without hunger or deprivation.On August 17, 2017, [redacted] received an email from our customer call center advising [redacted] that, in accordance with our Terms and Conditions, customers are asked to cancel their auto-delivery program by calling ###-###-#### We ask that our customers contact us by phone so that we may i) understand the reason for cancellation; ii) learn if there is anything we need to do to improve our program; and iii) find if we may assist with the continuation of a customer’s weight loss journey, with different products and plans Our records indicate one incoming call from [redacted] ’s telephone number on August 18, 2017, with abandoned status [redacted] received her second auto-delivery shipment of food on August 24, Due to the perishable nature of our products, returns and refunds cannot be processed once an order is being processed in the warehouse or already shipped Please be advised, [redacted] auto-delivery program has been cancelled She will receive no further shipments of food.We wish [redacted] continued success with her weight loss goals Sincerely, Jacqueline M Corporate Paralegal

[To assist us in bringing this matter to a close, you must give us a reason why you are rejecting the responseIf no reason is received your complaint will be closed as Answered] Complaint: [redacted] I am rejecting this response because I have told this company on several occasions that I am not happy with their product or their services, they do not acknowledge that the items were not satisfactory - is there anything you can do to intervene with this issue ? Regards, [redacted]

[* *** *** ** *** *** *** *** *** *** ** *** *** *** ** *** *** *** *** *** ** *** *** ***
*** *** ***
I have reviewed the response made by the business in reference to complaint ID ***, and find that this resolution is satisfactory to meThank you for giving me the forum for this resolution.
Regards,
*** ***

[To assist us in bringing this matter to a close, you must give us a reason why you are rejecting the responseIf no reason is received your complaint will be closed as Answered]
Complaint: ***
I am rejecting this response because: South Beach Diet (www.SouthBeachDiet.com) is distorting the factsPlease see the attached screenshotI sent my emails to [email protected], [email protected], [email protected] to stop the shipmentHow can all three of these be noreply email addresses? If they were an honest company, they could have easily stopped the shipment or they could have called me on the phone or at least they could have replied to my email that I need to call them to stop the shipmentThey should refund my money and stop scamming other people too
Regards,
*** ***

Below please find a screen shot of *** *** profile which indicates dates and time of emails. As noted these emails were forwarded electronically by [email protected]. The emails forwarded from [email protected] are transactional in nature, rather than promotional, and functions only to communicate important information about customer orders or accounts. It does not accept responses

As provided in our letter dated 6/9/2017,our auto-delivery terms and cancellation fee are conspicuously displayed at the "Submit My Order" button, as well as throughout the website. In accordance with our terms and conditions, if a customer cancels prior to paying for a second consecutive order, customers authorize us to charge the $debit card or credit card on file for the $chargeback fee, which is a portion of the auto-delivery discount received on the first shipment. Due to the perishable nature of our products, there are no returns or refunds.After delaying your second auto-delivery shipment of food on 5/1/and 5/26/2017, there is a notation in your profile that a customer service representative reminded of our cancellation policy and the $cancellation fee if you did not accept a second auto-delivery shipment of food. Again, this cancellation fee is a portion of the auto-delivery discount received on the first shipment.Thank you

February 6, 20127Dear*** ***:The complaint submitted by *** *** was received in my office on February 2, 2017.On January 22,2017, *** *** purchased the South Beach Diet auto-delivery plan at www.southbeachdiet.comWith our auto-delivery program, Customers receive a discount off the regular
one-time rate, plus free shipping (Continental US) with every consecutive order, Specifically, the auto-delivery terms and the cancellation fee are conspicuously displayed at the "Submit My Order" button, as well as throughout our website.By clicking the "Submit My Order," customers authorize us to (i) automatically charge and ship their order every four weeks unless they cancel; and (ii) charge a $early cancellation feeIf they cancel any time after they receive their second month, there is no feeIncluded, in the language, at the "Submit My Order" is notice that due to the perishable nature of the foods, there are no returns and no refunds, This customer submitted her order and agreed to the terms and conditions for auto-delivery and cancellation terms prior to purchase.*** *** received email notification that her order had been shipped on January 24, at 7:a.m*** *** called to cancel her order later that same day at 4:p.mSince, her order was already in process, there was no way to cancel her delivery which arrived on January 25, 2017.We wish *** *** continued success with her weight loss goals.If you have any questions, please do not hesitate to contact me at ###-###-#### or to my email at*** *@southbeach.com.Sincerely,Jacqueline M.Corporate Paralegal