got no doubts since if deaths on rushes even with refunding would be a scam almost everyone who offers rushes would have a scammer tag

As I've mentioned above there're numerous factors to how it is determined and it all depends on how it unfolds,

it could be just an act of BM, could be harassment or spam or even scam.

I advise checking with Eerock or Textbook of the scammer accusation team on scam-related questions.