According to information in BBB files, this company is no longer in business. If you have an unresolved dispute with this company you may wish to seek legal advice.
Our file contains a pattern of complaints from consumers alleging that after placing orders with hourglassgang.com they receive notification that their accounts have been compromised by a representative of We Care HCG. These consumers are now seeking a refund.
We Care HCG have not yet responded to these consumer complaints.
On March 1, 2013, BBB sent certified correspondence to We Care HCG requesting their voluntary cooperation in resolving complaints on file with BBB and providing steps it will implement to eliminate the pattern of customer complaints; however, as of today BBB has not received a response from the company.
As of May 28, 2015, Case No. L14-3-1016, the State of Florida, Office of the Attorney General, Department of Legal Affairs, issued a Assurance of Voluntary Compliance (AVC) against Hourglass Gang, Inc., Nicky Rae Fitness Corp., and Tashari Nicole Walker, as owner/manager, Respondents pursuant to Section 501.207(6), Florida Statutes, the Department agrees to accept this AVC in termination of its investigation as to Respondents solely as to the acts and practices that were the subject of the investigation.
Respondents including their representative, agents, employees, successors, assigns, independent contractors or any other person who acts under, by, through, or on behalf of Respondents, directly or indirectly, or through any corporate or other device shall:
a. Comply with the Florida Deceptive and Unfair Trade practices Act, Chapter 501, Part II, Florida Statutes;
b. Cease making any misrepresentations of Respondents' websites or in any other invoices, marketing or promotional materials about product availability and delivery time;
c. Ensure that any representations made regarding delivery and product availability are accurate and clearly and conspicuously disclosed;
d. Ensure consumers receive the product that was advertised and paid for and provide a timely mechanism for consumers to return products and receive a refund;
e. Ensure any and all customer testimonials are true and correct and free of misrepresentations and maintain reasonable and customary supporting documentation to substantiate any customer testimonial utilized in any advertising materials;
f. Cease making any misrepresentations including any misrepresentations made online, through websites, through print advertisement or marketing material or over the telephone regarding in-stock inventory, unless Respondents' actually have the full amount of all inventory represented to consumers, including all of the sizes and brands represented to consumers in Respondents' possession and available at the time the representation is made to consumers;
g. Ensure that consumers are charged at the point of shipping and not at the point of sale;
h. Ensure that consumers are charges only by the company the consumers ordered from;
i. Provide refunds within fourteen (14) calendar days to any consumer from the date the consumer requests a refund for a defective or missing product and clearly and conspicuously identify the procedure and customer support contact information for consumers to request and receive a refund; disclose to consumers whether the consumer will incur any additional expenses; such as postage, shipping or restocking, if the consumer returns the product;
j. Maintain a customer support telephone number and/or mail and email address for consumers to file a complaint; ensure all consumer complaints are responded to within seven (7) days; cease blocking consumers from social media accounts for complaining;
k. Maintain competent and reliable evidence to substantiate any claims made on any websites, social media accounts, marketing or advertising materials including, but not limited to, claims regarding product safety, health claims, product efficiency, and average delivery time; and
l. Ensure that any all businesses/brands owned or operated by Respondents and conducting or transacting business within the State of Florida are registered with the Florida Department of State, Divisions of Corporations, have a Registered Agent and Registered office in compliance with Chapter 607, Florida Statutes (2014); and ensures that consumers are made aware of the principal address the business is operating out of and that the principal address is accurate on Florida Department of state Division of Corporations.
Respondents shall contribute $2,400.00 to the Department pursuant to Section 501.2105, Florida Statutes, in payment of attorney fees, costs and investigative fees regarding this investigation, to be paid at the rate of $200.00 per month payable to the Department on the 15th of each month beginning July 15, 2015, and continuing for twelve months thereafter.
It is hereby agreed by the parties that any failure to comply with the terms and conditions of this AVC, including but not limited to, failure to make full timely payment of the $2,400.00 is by statue prima facie to a consent judgement in the amount of $100,000.00 in civil penalties, as well as attorneys' fees and costs and any other legal or equitable relief a court of competent jurisdiction may determine is appropriate.
For further assistance please contact
Office of Attorney General
State of Florida
The Capitol PL-01
Tallahassee, FL 32399-1050
Florida Relay/TDD: 800-955-8771
Florida Toll Free: 1-866-966-7226
BBB has confirmed the business is out of business either by disconnected phones, return mail or both. For further assistance, please seek legal counsel.