Scam Pre-Recorded Telemarketing Calls Being Made To Region: "We're from BBB – Because of bailout, we can offer you a low-rate credit card." [Spokane.net] (Photo: tj scenes)

From WLKY:

Gadansky replied, using the name "Clancy The Dog LLC."

"I told them I was in the fertilizer business, which Clancy does a lot of, fertilizing the back yard," Gadansky said. "That smacks of the truth. Then I waited. I didn't expect to even get a response."

On Tuesday, a very authentic-looking check from a real Canadian company came in the mail.

"I'm supposed to deposit the check," Gadansky said. "I get to keep 5 percent and then wire back the remainder of that money. So I keep $7,500 and wire them back over $140,000. You're wiring them back real money, but that check is a phony, and your bank will figure that out in a few days. It's an old scam for which people are still falling."

Clancy is a crimefighter. Yes he is. Awww.

Golden Retriever Gets $150,000 Check In The Mail [WLKY]

[Parent company] Event Tickets LLC has an unsatisfactory rating from BBB due to its performance, which includes nearly 100 instances of non-delivery of tickets, nearly another 100 complaints involving refunds and exchanges, and on about 200 occasions, the company has failed to even respond to BBB or consumers to resolve issues.

Remember, avoid this company when buying tickets. We've heard only bad things about them, and have yet to hear of any sort of resolution or follow-up story that would make us change our minds.

"BBB Warns Sports Fans, Concert-Goers, and Theater Buffs: Beware of TicketsMyWay.com" (Thanks to Cheriset!)
(Photo: Getty)

F. says:

I called the company that installed it 9 years ago, Westminster Mechanical, because it was making a loud noise and the fan was no longer working. They came out yesterday and in minutes declared that all the components need to be replaced. They estimated around $3000 [for the repair] or a new system for around $5000.

So, I called a neighbor in the business and she sent someone out. In about an hour he found a blockage and once again I have air. Do these companies install in new houses so they can slap a sticker with their number on it and years later when you call say it needs to be replaced? Instead it cost me $250, oh plus the $100 I wasted to have the original company tell me to replace it.

It's nearly impossible to say whether or not the first company was trying to mislead you, so we'll concentrate on what you did right. It's certainly not uncommon for companies to try to get unsuspecting homeowners to try to replace an air conditioner or a furnace when, in fact, it just needs a small repair. So, how do you figure out when your repair guy is telling the truth?

First, before you call someone to come in and look at your AC or furnace, do a little research with the BBB and ask your friends to recommend someone that you can trust. Second, if you're told that you may have to replace your equipment or make an expensive repair, thank the representative for his time and start collecting 2 more estimates. If your unit really does have to be replaced, some contractors will waive the fee and offer a free estimate for the new equipment.

If, like F., there was nothing seriously wrong with your AC, an honest contractor will catch it.

We asked the BBB about F.'s case and were told that complaints about AC repair are relatively uncommon, but that they do happen.

"With something like this, it’s hard for the consumer to know if they’re being lied to or not. If an AC repairman were to say to me, “Your flux capacitor is shot,” who am I to argue? That’s why it’s important to research the company first," said Alison Preszler, Media Relations Manager of the BBB.

Don't Get Burned By Furnace Fraud [BBB]
(Photo: Bruce Turner )

The faxed scam says, "We are happy to info you that you have emerged a winner under the F&F EQUITY DRAW, which is part of a promotional draws organized by all crediting lending partners to enable home owners who owned a home all over the United States of America have more money, and at the same time buy more homes in the area where they live. The funds were drawn from part of the total Fifty Billion US Dollars ($50 Billion) release to the financial institutions and creditros by the Government and other donor nations who have so much interest and investments in the United States of America."

Here's the BBB's report on investigating the scam:

After faxing my official “Equity Draw” information sheet to a number in Idaho, I called the 778 number and had the pleasure of speaking to “Jorge Marcelo”, at Fannie n Freddie Prize Headquarters. He said he had my fax right there in front of him, which is interesting since I never told him who I was nor did he ask. But he did tell me that to collect my big prize I was required to wire a “processing fee” of $850 to the Vegas address in my documents via Western Union, call him with the WU control number and then I could collect my riches.

Obviously I’m excited, so I invited the FBI to share in my excitement. I’m not sure if there’s anything here worth law enforcement pursuit, but that’ll be up to them. My guess is Jorge is probably not in BC, and that the WU office in Vegas will forward my $850 to another location, and it may be bounced several times.

Fraudsters have a core set of scams that they just keep putting new hats on old scams to fit the zeitgeist. Most of us wouldn't fall for this iteration, rife with spelling and grammatical errors. But a few, like the desperate, elderly, ignorant, non-native-English-speaking, or some combination thereof, might. The scammers, will, however, try another variant on the lottery scam. For them, it's all a numbers game, and their auto-dialers just keep ringing up one more.

(Photo: ptaff)

From CNN:

During the presentation, Stephen and Jean were told they could get discounted condo rates and other travel benefits around the world. They decided to join — for $7,500. Jean said they were assured they could cancel within three days.

Before Stephen and Jean even left, they were offered a discount coupon for Red Lobster.

"We really enjoy Red Lobster," Jean said. "We thought it was a bonus for joining."

They were asked to sign a piece of paper after they received the card. The Liangs didn't think much about it.

"We thought we needed to sign it to show we'd gotten the card," Jean said.

But, unfortunately, Stephen and Jean didn't realize that by accepting the Red Lobster card, they had used the services of the travel club. And by signing that piece of paper, they were waiving their right to cancel their membership.

But the couple soon found out the next day when they tried to cancel.

Jean said they felt deceived. "This is really, really wrong. A person's word is what they are." The couple found out the hard way that it doesn't always work that way.

The BBB warns consumers that they receive lots of complaints about these travel clubs. Here's what they have to say about them:
“Vacation clubs, special travel agent training and bargain-finder software, often aren’t good deals because initial costs are rarely recouped by any future savings on travel costs since the bargains and special deals don’t really exist as portrayed in the sales pitches," said the BBB's spokesperson. “Consumers need to be very wary of travel club offers and research the companies extensively before committing any money or giving out credit card or bank account information.”

It's better to save your pennies than bet them on a deal that may never come.

Watch out for the 'free' stuff [CNN] (Thanks, prameta1!)
(Photo: danesparza )

Dear MyGallons Member,

We developed the MyGallons program because, like you, we wanted to help solve the problems caused by the rising price of gasoline. We are proud of what we created and look forward to providing you with this innovative service in the very near future.

Due to difficulties with a key supplier, we are unable to deliver the service we promised to you at this time. We apologize for the delay. You will be receiving a refund on your credit card for 100% of the membership fees that you have previously paid.

To express our sincere thanks for your loyalty and support, once we secure a new payment network, you will enjoy the benefits of the MyGallons program free of membership charges for your first year.

Rest assured, we are working diligently to secure a relationship with a new national card processing company. We will keep you updated every step of the way as we overcome the challenges we face together.

Sincerely,

Steven Verona
Founder and CEOMyGallons LLC

The whole MyGallons saga began when the media fell all over themselves about the gasoline hedging start-up, prompting the BBB to investigate the company's ability to process transactions at the pump.

The BBB found that MyGallons.com had no contract with a processor, telling Consumerist that USBank, the company that was touted in MyGallons.com's press release, had ultimately declined to participate.

MyGallons.com posted a notice claiming that USBank backed out. The BBB nevertheless issued a poor rating to MyGallons, because despite their lack of contract to process transactions, the company was still collecting membership fees. Later, the BBB met with MyGallons and revised their rating to NR (no rating) after the company agreed to suspend accepting new memberships.

Boy, that was one hell of a press release, wasn't it?

The Arizona Daily Star explains:

But there is a catch to the radio gas deal — isn't there always? — as visitors to the site are required to provide a load of personal information.

This is followed by a seemingly endless barrage of surveys until finally visitors get the "opportunity" to apply for high-interest credit cards or to purchase book and coffee club memberships or entertainment books.
Essentially, if a person buys one of these products he or she is eligible for a gas card that will cover the difference between the actual cost of gas and $2.49 a gallon for 15 gallons. So, with gas prices hovering at $3.80 a gallon, a person would in theory get a gas card for $20.

So is it a scam?

"We are not saying that radiogasdeal.com is a scam, but we would urge consumers to use extreme caution," a BBB spokesperson said.

Here's a link to the company's BBB report.

She also went on to say consumers should be wary of any combination of the words "deal" and "gas." Good advice.

Gas-card 'deal' on radio may be no deal at all [Daily Star]

The BBB says:

The Better Business Bureau challenged the company’s advertising regarding their offer, and the company met with the Better Business Bureau on July 9, 2008 and has modified it claims. The company’s merchant services provider, PowerPay, has assured the Bureau that membership fees processed by them on behalf of MyGallons.com customers have been placed in a non-interest bearing escrow account. As of this date Mygallons.com acknowledges it does not have a contract in place with a vendor who can process transactions with gas stations across the country, and they have suspended accepting membership fees. The Bureau will issue a new report as the company’s evaluation continues.

MyGallons.com had originally claimed to be partnered with US Bank, but an investigation by the BBB revealed that that program had ended and that MyGallons.com was operating without a contract in place. The BBB has amended MyGallons rating from "F" to "NR" or "No Rating."

MyGallons LLC [BBB](Thanks, Teresa!)

The BBB has added this warning to MyGallons' reliability report.

The Bureau is concerned that the company's advertising contains a material omission of fact. Specifically, while the website proclaims that any gas station in the US that accepts credit cards will accept the My Gallons Card, however the company has informed the Bureau that no contractual agreements to process the card have been made as yet.

Here's the statement from MyGallons.com's press release:

In addition to significant savings, MyGallons offers its members convenience and freedom as the gas redemption program uses the Voyager fleet network, owned by US Bank, which is accepted at over 95% of gas stations nationwide.

MyGallons.com's, spokesperson, Greg Salsburg, told Consumerist that their partnership with US Bank was just for a "pilot program" and that they are currently in negotiations with another company. He said they expect to have a big announcement next week about their new transaction partner. He also said MyGallons is "comfortable and confident" that the deal will go through, and that current customers will not be affected.

MyGallons LLC [BBB]
MyGallons Provides Americans With a Solution To Fight Rising Gas Prices (Press Release) [Yahoo!]

I was ripped off to the tune of $5620. They refused for 3 years to refund my money. Then they told me I have I have no recourse. It was electronic funds transfer for personal training that I never authorized. The people who did it were fired shortly after. It had happened to several other members, and most of the cases were settled. Except mine.

They proceeded to string me along and ignore my letters and phone calls for a few years until they could rest on statute of limitations.

An online complaint filed with the BBB resulted in me being contacted personally by one of the company's VPs via phone the very next day. A month later, after a few faxes and verifications, I was FedExed a check for the full amount.

Since I'm sure I'm not the only one this happened to, if people are out of options, the BBB complaint, a bit of tenacity, and valid paperwork might be a viable option.

Score another one for the BBB. Like I said before, filing a complaint with the BBB can actually work, as long as the company is concerned about maintaining a good reputation.

This is also a good time to review some Consumerist guidelines for getting a gym membership:

• Read the contract carefully.
• Get a month-to-month membership.
• Pay by credit card. That way you can do a chargeback if they try anything sneaky.
• Don't give them your bank account info.

(Photo: mrflip)

Some people think the BBB doesn't work. They do, but only if the company cares about keeping a clean record. See when you look up a company in the BBB database it shows you how many complaints have been filed against the company, how many were answered, how many did the consumer report as being satisfactorily resolved, etc. So if you have a valid complaint, file it with the BBB, and the company cares about its BBB record, you have a decent chance of getting a solution. You might not believe it, but it turns out Sprint is one of those companies. Here's Kevin's story of how the BBB got his erroneous text message charges refunded and let him leave contract early without early termination fee...

Kevin writes:

I've filed two complaints with them so far in 2008. Here is the text of the one I filed in January...

"Double charged my debit card and refuses to credit the duplicate charge back to my account.
I called to make and a payment yesterday through Sprint/Nextel's automatic payment attendant. The pre-recorded service told me the payment "cannot be processed at this time, please hold for an operator." So a person gets on the phone and takes my payment manually. Then this morning when I checked my bank account online I saw that two payments had gone through. When I called to request the duplicate payment be reversed they refused. This comes after several battles with their customers service department over services ordered which were incorrectly authorized.

For instance, I have two phone lines and there have been 3 or 4 times now when I've had a service such as text messaging or insurance added to one of the lines. The customer service people have added the service to the wrong phone, thereby incurring extra charges and it takes forever to get a credit. These are small inconveniences and nothing I'd normally report to the BBB. But after refusing to issue a credit I've had enough with them. My contract with them is up in August after 3 years of being a customer. I've explained why I am unhappy with service and they will not let me out of a contract. I've talked with many acquaintances who've had similar issues and I feel it's time for someone to do something about this company. The problems with service began after the merger with Nextel."

After this I was contacted within 48 hours and the dispute was resolved where Sprint/Nextel issued me a credit for a free month of service.

Then in April I went over my text message limit. I beefed up the limit to 1,000 texts per month, but they added it to the 2nd line. This caused another huge bill in May. When I called to tell them they added the text plan to the wrong phone they refused to credit me or fix the problem.

At that point I filed the 2nd complaint with the BBB briefly describing what happened. It basically stated what I just did and less than 24 hours this time a Sprint/Nextel representative called me to resolve the issue...apologizing for the treatment I received and they resolved the issue VERY generously and told me they realize their customer service is lacking and they're "taking steps to rectify the situation." In addition to free unlimited text messaging they've offer to wave the penalty for severing my contract early. That says a lot and the fact that they acknowledged their customer service dept sucks.

To my satisfaction, I was told I can dissolve my contract with them before it's up in August without any additional penalties. I got a follow up email from the BBB today asking if I am satisfied.

Kevin is now a happy Verizon customer. Here's where to go to get started filing a BBB complaint online.

(Photo: mod_complex)

After Ilan successfully filed a chargeback on a company, the company decided to bill him directly for the amount that was refunded. What's even sneakier is the company (which Ilan didn't name) waited until after they reported the matter resolved to the Better Business Bureau. Now Ilan's wondering what options he has to fight back.

Here's Ilan's full story:

My wife and I recently issued a charge back with American Express on a transaction with a merchant, as they had not provided the services we agreed to. AMEX reviewed the dispute and found in our favor. However, the merchant is now attempting to bill us directly for the balance AMEX awarded us. Do we have any recourse in this mater? We are concerned they may attempt to collect on this, and ding our credit rating. Can you offer any recommendations?

We had previously attempted to resolve the issue amicably with the merchant via telephone/e-mail, and then eventually with EECB and a complaint through the Better Bureau. At each of these steps the merchant dragged their feet on responding to our complaint. We eventually mentioned the issues in question to AMEX and they recommended we issue a charge back sooner rather than later. In good faith, we waited until the last possible moment to dispute the charges. We were hoping that the company would see the light and decide to work with us, on our credit card.

Up until the point that AMEX found in our favor the company was not responding to our complaints. As soon as we were credit for the amount in question, they responded to the BBB complaint (almost 60 days later). They indicated that the matter was "resolved" via our dispute at AMEX and asked that the BBB close the case.

Now we are staring at a bill that is dated weeks after their response to the BBB. E-mails and phone calls continue to go unanswered.

We appreciate any advice you can offer on what to do next.

First of all, we suggest you immediately re-open a complaint with the BBB and indicate that the company lied to the BBB about resolving the issue. You should also write a letter back to the company and make it clear that you consider the matter settled as per the terms of your original credit card purchase. As far as protecting your credit, you'll just have to wait to see if it shows up on your credit report—if it does, then you can take action to dispute it and have it removed.

You may want to also check with legal services in your state (try your state's Attorney General website) to see whether the company is committing mail fraud by billing you for a transaction that was already reversed.

(Photo: Getty)

Two Fridays ago I filed a Better Business Bureau complaint against Dell because they ignored my repeated cries to please remove me from their catalog mailing list, and today I got this following message from Dell's corporate office (listen here). The nice lady says she located my address and is removing it from their system. This is redundant as some other Dell execs say they've finally got my address removed but it does show that filing a BBB complaint does work for getting Dell to promise to stop sending you junk mail (we'll have to see what the mail man brings, or rather, doesn't bring, to know whether it worked completely). Here's where you can go to easily file one online.

(Photo: What Rhymes With Nicole)

Here's the actual BBB complain that went unanswered by Taco Bell:

About 3 weeks ago i called the 800# asking what grade of beef they use. All they could tell me was usda approved. I called 4 times and got the same, twice i left my # and was told a nutritionalist would call me back....no call ever came. I next e mailed corp with the same question. I was answered by a Sandy Shakelford telline me:I have located a phone number contact in which you can inquire about our meat. Taco Bell Corporation 949-863-4500 and ask for the QA Department. I called a total of three times first got a prompt telling me to put in MY voice mail # to get my messages. Next i was transfered to a recording telling of bad cheese both plain and mixed and to throw them out and call in for a credit. Third was disconected. 4th i got a voice mailbox in the Quality control dept. i think his name was Steve...Again i left my question and # and again no call back. On Feb 27 i e mailed Sandy telling her what my phone experiance was and had not got an answer to my question...That was 10 days ago and again no contact from Sandy nor Taco Bell. Side note the web sight says contact us call 1800 TACO BELL when its actually 800 TACO BEL....The companys resistance to answer my question tells me what i was told by a friend that worked there that they use poor yet usda approved beef could be true.

(Thanks to Bob!)

This is an excerpt of Stephen's original complaint, posted over 18 months ago:

My most recent bout came with a company named Tiny Details based out of Syracuse, NY. My wife was interested in earning some extra money for us from home, a prospect that I found very appealing. What with our son and all, it's really not feasible for her to go to work, so finding her a way to draw income at home was ideal.

I found Tiny Details while researching along those lines. I considered the link pointing to it to be more legitimate than most (and trust me, I know a lot about links). The site seemed a bit unprofessional, which should have been a big tip-off, but I didn't find anyone saying anything negative about it. My wife was very excited at the prospect, as much as she loves arts and crafts.

Unfortunately, I didn't do my research as thoroughly as I should have. It wasn't until after we had bought a kit for my wife that I came across these Tiny Details customer complaints and some more recent warnings about Tiny Details. I also managed to find the Tiny Details Better Business Bureau report. I'm ashamed to say that I missed such glaring stop signs. I guess I must have been dreamy eyed over their false promises rather than incredulous as I rightfully should have been.

At any rate, I've cancelled our order and plan to seek reimbursement through whatever means necessary, up to and including legal action. I don't expect them to make it easy; companies like this never do. I fully suspect it's money that I'll never see again one way or another, in which case I'll take it as $55 worth of valuable education: If it seems too good to be true, it is. Do your research first, and do it right.

Email #1:

I am writing about the substantively incorrect postings that you have on your website.

I am asking that you remove this point immediately. Your representation of Tiny Details is inacurate and libelous.

I have forwarded this information to our company attorney, along with your domain registration information.

Please govern yourself accordingly.

Kristopher Buchan
President
Tiny Details, LLC

Email #2:

Mr. Ward,

You will be hearing from our attorney.

What you have posted is indeed libel.

I am in the process of seeking your address through your domain registrating information. You will be hearing from us shortly.

Kristopher Buchan

From WAHM.com

"You also reminded me that I had sent them a kit (to Christian Miniatures actually) on Nov. the 30th. I added a "Delivery Confirmation" on the package, and it states that they received it on Dec. the 2nd. I had returned a completed kit that needed corrections. It's the 21st already and I've heard nothing. I just called and they just have a recording stating that they're unavailable and to leave a message for a return call (yeah, like THAT'S gonna happen!). So, I just sent them an email with Deliver Receipt Proof. Two weeks ago they had told me they'd never received it, so they couldn't tell me anything about it. The receipt showed that they HAD received it. Hmmm, something fishy's going on here!!!"(posted by rtanza, December 2004)

"Well, I finally heard from Tiny Details today - it seems as though my returned materials were also "never received". I filed a complaint with the BBB. I foolishly did not send my materials with a return receipt so I really can't prove anything... but it's really not the money part of this that is so annoying to me, I just can't stand the idea of folks being taken advantage of like this. Oh well, live and learn..." (posted by scarletbrook, January 2005)

From Rip-Off Report

I decided to try sending them back their own perfect samples as my first sample to see if they were accepted. They made sure to reassure me that they wanted one sample sent back to them so they could inspect it and save me any trouble making a bunch of mistakes. The only problem with that was that I had to send them a sample and wait longer to see if it even passed their ridiclous inspection. Suprise! It didn't pass. Wow, go figure. Now I know I have been scammed. I even sent an e-mail to them saying that I sent them their own sample to see how truthful they were and they rejected it. I have yet to get a response. I'm sure that this is just another scam and that I'm out $55 because I was fooled into falling for it. (posted by Leila, April 2006)

But you can't get all ham-fisted with complaints about your service and try to sue former customers into silence, Buchan. Besides, Stephen's initial post is so vague that it doesn't say much more beyond "I decided not to do business with them." Based on Buchan's aggression towards an unhappy former customer who was just stating his opinion, we think Stephen made the right call.

"Tiny Details" [Project Paradox]
"Rather than listening to its critics, president of company threatens blogger with libel lawsuit" [Bloggasm]

RELATED
Tiny Details
"BBB Reliability Report for Tiny Details LLC" [Better Business Bureau]
(Photo: Paul Keleher)

• Buy direct from the venue, which can guarantee the ticket you purchase online will be valid to attend the event.
• If you buy tickets through an online auction, choose a seller with a long, continuous history of satisfied customers. Scammers can hijack old accounts, so make sure they have recently bought or sold other items.
• When buying from an individual through an online exchange don't be lured away from the Web site by the seller. Even if you met the seller on the exchange Web site, the company may not guarantee any lost money if a transaction occurs outside their domain.
• Never pay with a cashier's check or wire money to a seller. Instead, use a credit card or PayPal, which offer some protection and potential reimbursement.
• Scrutinize photos of the tickets closely for any inaccuracies or alterations, and cross-check the seat assignment with the map on the venue's Web site.

Beware of phony football tickets [All Consuming]
BBB Advises College Football Fans: Be Smart When Buying Bowl Tickets Online [BBB]
(Photo: veganstraightedge)

The short version of the story: after signing up with Vonage, Keith discovered it wouldn't work with his company's Asterix private branch exchange (ooo fancy telephone lingo), so he canceled and went with another company. The Vonage router was never shipped out, the company never connected to Vonage's servers, and yet due to some easily-preventable email errors on Vonage's side*, they claimed to have never received a request to terminate the service. So, from January to August, Vonage continued to charge the company.

Keith repeatedly contacted Vonage's customer service, then escalated the issue to the Better Business Bureau, which contacted Vonage on his behalf. Vonage remained firm: Keith did not cancel the account properly, and whether the device was shipped out or not, he bought the service and they were going to charge him.

Keith's email carpet bomb was short but comprehensive, respectful, dispassionate, and clear. It made a strong case for why and how Vonage screwed up, and Keith offered additional evidence for anyone who wanted to follow up. "I had to look online and find every name and email of every single employee of the company that I could. I searched through press releases and the investor website and so forth, after sending this complaint in to about 50 people over there I got a quick response that I would receive a full credit."

Congrats, Keith!

* More on the email errors for those of you who are curious—Vonage sent an email that said they weren't compatible with Asterix. Keith responded to that email to cancel the service. However, Vonage's return address wasn't a legitimate one, but their servers did not send back an "invalid address" warning to alert Keith's company, so as far as Keith knew the email was received and the service was canceled—especially since they never shipped out the router. (return to top of post)

RELATED
The Ultimate Consumerist Guide To Fighting Back
(Photo: Getty)

Kodak was advised it could contest the termination but chose instead to resign its national membership in early March. The photography company allowed its membership in the Buffalo-based branch to lapse about five years ago.

"The presence of a third-party organization between Kodak and our customers is bureaucratic and unproductive," it added. "In fact, Kodak's customer service and customer privacy teams concluded that 99 percent of all complaints forwarded by the BBB had already been handled directly with the customer.

To Kodak's credit, the upstate New York BBB only received 183 complaints over the past three years, which is notable for a company of Kodak's size. It also makes Kodak's refusal to respond to those complaints more puzzling.

We might agree with Kodak's actions if they made their customer interactions public and transparent. Because Kodak, like most companies, refuses to do so, we rely on the BBB to independently evaluate their customer service. — CAREY GREENBERG-BERGER

Kodak Leaves Better Business Bureau [Forbes] (Thanks to Sheila!)
(Photo: LiveU4)

The paint was chipping off David Berlind's Pontiac Vibe at an alarming rate. The dealer refused to cover it so David took GM to BBB court. A series of monkeyshanks ensued, the most egregious being:

...After the hearing is over, each party (us, and GM) is allowed to send to the BBB a final statement and rebuttal. So as to guarantee impartiality, neither party can see the other party's final statement/rebuttal until both have been submitted...when GM's final statement came in, it included specific references to our rebuttal.... references that could not have been made unless they saw our rebuttal before submitting their own.

David says he found many other Pontiac Vibe owners on the net experiencing the same problem: paint chipping too fast, dealer denies culpability, GM taken to BBB court, BBB bends over like a tranny pre-op saving up for surgery.

Guess that's what happens when you're funded by the companies you're supposed to regulate. — BEN POPKEN

GM: 'Stand by. We're about to spam you.' [Berlind's Testbed] (Thanks to KT!)

For example, this person's experience:

To make my point very clear, I told him, "Look Steve, I wipe my ass with Sigma lenses." (Nothing against Sigma, I just wanted to make my point emphatically.) Apparently he understood this and offered to cancel the order but still charge me the shipping and restocking fee. We went around on this point for a little while and ended with him vowing to fight me on this. I disputed the charge right away with my credit card company...

Recently, Vincent Ferrari decided to take pictures of all the "business locations" listed in Broadway Photo's BBB report.

The less than confidence inspiring results, inside...

Photo credits: Vincent Ferrari.

315 East 89th Street: M.A.N Textile Corp

321 East 89th Street is a door with an awning and a sticker with the number.

2922 Avenue L is EO Optics

1412 Avenue M is Mail-N-Pack (meaning they're using a maildrop for their mail)

5014 16th Avenue is a Check Cashing store....

....the interesting thing is that right next to it is an appliance store

BBB REPORT.

BROADWAY PHOTO
337 East 89th Street
Brooklyn, NY 11236
View Location Map

Principal: Darin Krask, Manager

Phone Number: (718) 338-1800

Additional Phone Numbers:
(718) 338-0634 (800) 951-9542 (718) 338-1352
(800) 709-4491 (866) 407-3425 (800) 432-2180
(800) 572-6152 (718) 338-0634 (718) 837-5999
(718) 837-2666

Fax Number: (718) 338-3029

Website: www.bwayphoto.com

Type of Business: Photographic Equipment & Supplies-Retail, Computers-Dealers, Electronic Equipment & Supplies-Dealers

Membership Status: This company is not a member.

The information in this report has either been provided by the company, or has been compiled by the Bureau from other sources.
Nature of Business

Complaints to the Bureau indicate that this firm uses high pressures sales tactics after consumers place their orders. After ordering merchandise consumers report receiving a phone call from the firm's customer representatives attempting to sell additional items. Representatives allegedly try to persuade consumers to buy the U.S. warranty, as well as accessories like cables, peripherals, and software, or lead consumers to believe the product will not work if additional merchandise is not purchased. In some cases, if the consumers declined, an email was sent advising them to cancel their orders because the item was on back-order despite being listed as available on the firm's website. Consumers also reported unauthorized charges on their invoices. When trying to dispute such charges, consumers report difficulty talking to management, claiming they are verbally abused by the company's staff.
Customer Experience

Based on BBB files, this business has an unsatisfactory record with the Bureau, because there is a pattern of complaints, and the business has not corrected the underlying reason for the complaints.

The company's size, volume of business, and number of transactions may have a bearing on the number of complaints received by the BBB. The number of complaints filed against a company may not be as important as the type of complaints, and how the company handled them. The BBB generally does not pass judgment on the validity of complaints filed.

Complaint Outcome Statistics:
Complaint Outcome Last 12 Months Last 12..36 Months Total
Resolved
Consumer received the requested resolution 152 290 442
Resolved
Consumer received part of the requested resolution 40 77 117
Administratively Judged Resolved
The Company has responded to the complaint(s) addressing the disputed issues, however, the consumer remains dissatisfied 23 69 92
No Response
The Company has failed to respond to complaints 11 16 27
TOTAL 226 452 678

Complaint Issues:

Please understand that complaints may concern more than one issue
Complaint Issue Last 12 Months Last 12..36 Months Total
Advertising Issues 21 64 85
Contract Disputes 4 2 6
Credit or Billing Disputes 39 54 93
Delivery Issues 19 29 48
Guarantee or Warranty Issues 11 11 22
Product Quality 11 14 25
Refund Practices 23 41 64
Repair Issues 3 3 6
Selling Practices 90 223 313
Service Issues 5 11 16
TOTAL 226 452 678
Additional Business Names

This firm also does business under the following names. This is not necessarily a complete list.

A&M Photo World

Cameratopia

Digital Liquidators LLC

Ghu, LLC

Preferred Photo

Prestige Camera

Regal Camera

Tronicity

Wild Digital LLC
Additional Locations

This firm also does business at the following locations.

2922 Avenue L
Brooklyn, NY 11210

315 East 89th Street
Brooklyn, NY 11236

5014 16th Avenue
Brooklyn, NY 11204

1412 Avenue M
Brooklyn, NY 11230

321 East 89th Street
Brooklyn, NY 11236

Report as of: 1/25/2007

— BEN POPKEN

President / Owner / Customer Service Rep of WeddingDepot.com Shaun Larson wonders if the post "breaks" our "terms of service," and, "content is permitted, authorized, and approved by Gawker Media. "

"If it is not and does break your TOS, we request that the content be removed immediately," writes Shaun.

Nope. Sorry. We don't remove posts. A more cost effective solution is to spend less time hunting down negative reviews and more on improving your customer service and professionalism.

WeddingDepot's full letter, inside...

Shaun writes:

"WeddingDepot.com Admin date:2:19 pm to:tips@consumerist.com, marco@consumerist.com cc: admin@weddingdepot.com,legal@weddingdepot.com date Jan 3, 2007 2:19 PM subject: Site Use mailed-by: weddingdepot.com

Hello there,

We became aware today of a customer who apparently is on a rampage to harm our company through libel posting on the Internet. We are proceeding to evaluate legal actions against the person and those propagating the information. After reviewing your Terms of Service (http://gawker.com/advertising/legal/privacy-policy/), it appears the content at this address
http://www.consumerist.com/consumer/complaints/weddingdepots-nonresponsive-passive-aggressive-customer-service-225599.php does not fall within your designed use for your service. We are contacting you to confirm if this content is permitted, authorized, and approved by Gawker Media. If it is not and does break your TOS, we request that the content be removed immediately.

An efficient response would be greatly appreciated as we plan to move quickly on the harm that is being done to our company. Thank you.

Shaun Larson
President / Owner"

— BEN POPKEN

Previously: WeddingDepot's Nonresponsive, Passive Aggressive, Customer Service

Loren ordered a personalized ornament from WeddingDepot.com on December 16th. Instead, she received a "unity candle holder" on December 22nd. She emailed several times starting that day and didn't receive her first response until December 28th.

What follows is an exponentially degrading exchange between Loren and customer service rep Shaun. Eventually Loren wears him down this:

"I've tried to offer you a solution, yet you continue to debate it without end and thereby causing yourself further delay. Here ya go - this will work:

1. Throw unity candle stand in the trash.
2. We'll issue a full refund.
3. We'll cancel your account with us. Please shop elsewhere."

It's all for the best. Loren gets her money back and WeddingDepot loses a customer they're unable to satisfy. Frankly, their stuff is pretty cheesy so Loren is better off taking her business to another store.

Full exchange, inside...

Loren wants WeddingDepot to pay for UPS to come by her house and pick up the package, and she wants her personalized ornament sent before she returns the faulty merchandise.

Shaun pretty much wants the opposite. He wants Loren to return the items before they will process the refund or ship the correct item.

By law, stores can set their own return and refund policies. However, Shaun does a poor job of adequately communicating these policies and doesn't never addresses the emotional frustration Loren expresses. If had shown a little empathy, things might have gone over better and Loren wouldn't have felt like she had to resort to filing a BBB complaint.

Loren writes:

"I placed an order for a personalized ornament with WeddingDepot.com and unfortunately, received the wrong shipment. It has all gone downhill from there in one of the nastiest customer service battles I have ever been involved in.

I have included here all of my email communications with the company on this matter. I truly can't believe the way this customer service representative has chosen to speak to me ...

I've already contacted the Better Business Bureau but feel consumers must know about the way this company is choosing to conduct business.

You have my permission to post these emails, albeit without my contact information or email address.

Please feel free to contact me with any questions.

Thanks,

Loren

[ed: We think the apparent mixup in the timestamps is due to Loren and Shaun being in different time zones.]

—-— Original Message —-—
From: "WeddingDepot.com"
Date: Tuesday, December 19, 2006 12:35 pm
Subject: Order Update
To: Loren

WeddingDepot.com

** IMPORTANT ANSWERS: Some items - including albums -require special production times. Always check item descriptions first for production & shipping times. Some items only require 10- 14 days while others such as Art Leather albums require 6- 8 weeks. During this time, your order will simply remain in process without further email updates. DELIVERY TIMES: This is different than production times. Delivery times are the time the delivery service has your package. Orders ship from zip code 37064. Most orders ship US Mail. For questions about delivery times, check USPS.com. We cannot control delivery times. TRACKING NUMBERS are only available on FedEx order. Also, check the My Account section of the website for information about your order.

—-—-—-—-—-—-—-—-—-—-—-—-—-—--
Order Number: 26316
Detailed Invoice:

Your order has been updated to the following status. New status: Hooray, order has shipped! :)

For shipping or delivery times, please refer to the item description on our website, the Help menu on our website, and the My Account section also on our website.

—-— Original Message —-—
From: Loren
To: LorenWeddingDepot.com
Sent: Wednesday, December 27, 2006 9:17 AM
Subject: Re: Order Update

I am STILL waiting for a response on this.

You sent me the wrong item. I ordered a personalized ornament, that I paid for expedited shipping on, and received the wrong order instead. I am still expecting and waiting for the ornament I ordered and I would like shipping costs removed from my bill ... as the item clearly didn't get here in time for the holidays, as I had hoped.

Please respond on this. This is the 3rd email I have sent.

Thanks,

Loren

—-— Original Message —-—
From: Customer Service
Date: Wednesday, December 27, 2006 8:09 pm
Subject: Re: Order Update
To: Loren

Hello there,

Thank you for your follow-up. Which item did you receive?
Shaun
Customer Service
http://www.WeddingDepot.com

—-— Original Message —-—
From: Loren
To:Customer Service
Sent: Thursday, December 28, 2006 2:25 PM
Subject: Re: Order Update

I replied earlier today and have still yet to hear back from you.

I was sent a unity candle holder. I ordered a personalized ornament.

When can I expect the ornament to show up and will the charges be deleted from my account?

Please reply asap. I am disappointed with the response time I have received from your company.

—-— Original Message —-—
From: Customer Service
Date: Thursday, December 28, 2006 4:28 pm
Subject: Re: Order Update

Hello there,

Thank you for your follow-up. Unfortunately, we cannot always instantly reply. Sometimes we have to investigate an order to discover what happened to create a mistake. As you seem to be very frustrated and disappointed - because you keep stating that in your emails - how about we have you return the mistaken shipment via US Priority Mail and we'll refund your full amount including the return shipping. We'll then discontinue our shopping relationship. When errors are made, we try out best to solve them, but unfortunately if someone keeps telling us of their frustration and disappointment, there isn't much hope for a satisfactory result.

Shaun
Customer Service
http://www.WeddingDepot.com

—-— Original Message —-—
From: Loren
To:Customer Service
Sent: Thursday, December 28, 2006 3:56 PM
Subject: Re: Order Update

My initial email was sent to you on Friday, December 22nd. Without a phone service to answer my call, I was left guessing if I would receive the item in time for Christmas. That is what got me so frustrated.

I would still like the ornament, as I paid for it, and it was a gift that I had bought for someone very special. It's frustrating to buy that one special gift and be let down when it is guaranteed to arrive, you pay for it to arrive and then it doesn't show up at your doorstep in time.

To end the disappointment, the best resolve would be for me to receive the item that I originally ordered. I will gladly send the other item back, but not until I receive the item that I ordered.

—-— Original Message —-—
From: Customer Service
Date: Thursday, December 28, 2006 5:17 pm
Subject: Re: Order Update
To: Loren

Hello there,

Thank you again for your reply. We indeed are sorry to have shipped the incorrect item. Because FedEx only designates the time FedEx has a package in their possession and does not alter order processing dates, orders with personalized items still require their normal time before shipping, so a personalized item placed on the 22nd would not have been guaranteed for delivery before Christmas. Most personalized items require several business days before shipping - although we tried to shorten that when we could for the holidays. Ornaments are usually in the 5-7 business day range for production.

Please use this information for returning the mistaken shipment and we'll reimburse you for the US Priority Mail fee, and we can move forward with correcting the personalized ornament shipment.
Return form: http://www.weddingdepot.com/returns RA# 061227SL

Thank you!

Shaun
Customer Service
http://www.WeddingDepot.com

—-— Original Message —-—
From: Loren
To:Customer Service
Sent: Thursday, December 28, 2006 4:20 PM
Subject: Re: Order Update

I didn't place the order on the 22nd. I placed the order on the 16th and paid for expedited shipping. I received it on the 22nd and it was incorrect. That is when I originally emailed, at 3:00 and received my first response on this today.

As I mentioned, I will gladly ship the item I received back, but not until I receive the ornament that I ordered.

Thanks,

Loren

—-— Original Message —-—
From: Customer Service
Date: Thursday, December 28, 2006 5:35 pm
Subject: Re: Order Update
To: Loren

Hello there,

Thank you for the clarification. If you would like to keep the candle holder, you can purchase it. If you wish to return it for the ornament, we need it to be returned before the ornament can ship. This is nothing unusual. All your local retailers and major online companies require a return before another item can be shipped. Your local retailer does not offer you another item until you return the previous one. I don't know why you would want to hold the candle holder as it's not even a comparable item. It sounds like some sort of "ransom" idea or something... ha, ha. It costs us more for you to actually ship it back to us, so that theory wouldn't quite work as it would be more cost effective and easier for us to just have you keep it and not to ship the ornament at all. We're trying to correct the situation for you. You wanted good service and we're trying to provide it to you. If you choose to complicate it, it only adds more frustration on your end. Trying to play a "I'm not shipping this until you ship that" game will only end in a very messy and frustrating situation that will probably include your not receiving the ornament.

We're trying to provide the service you wanted and condemned us for not having. We're trying to help.

Shaun
Customer Service
http://www.WeddingDepot.com

—-— Original Message —-—
From: Loren
To:Customer Service
Sent: Thursday, December 28, 2006 4:44 PM
Subject: Re: Order Update

The form you provided me with is not a return shipping label ... I'd have to actually go to the post office, PAY for shipping and hope that you'll reimburse me ...without knowing that is going to happen ... or if I'm even going to receive the ornament that I originally ordered.

I don't think it's "standard" to say that I should pay for an item that I never ordered. Standard, would be sending UPS to pick up the item that you incorrectly sent, at your cost, not have me go to the post office, pay for the item and wait to be reimbursed. In fact, any time I have ever been shipped the wrong order, UPS has been sent to pick it up and the right item has been sent to me.

It's not an issue of ransom ... it's an issue of why should I go out of my way for your company's mistake?

I don't understand the service I am receiving or the rudeness at all.

—-— Original Message —-—
From: Customer Service
Date: Thursday, December 28, 2006 5:49 pm
Subject: Re: Order Update
To: Loren

Hello there,

You are correct. It's not a label - I did not say it was. Yes, you will have to deliver it to the post office - that is why I previously said we would reimburse you. This was a matter of a mistaken shipment. I am uncertain why you are inflating it to be a situation where you are a victim. That is something you are imagining. We want to correct the situation, but you are working against us in our efforts.

You may have worked with UPS in the past. We do not. We have provided our method of return and reimbursement. Again... we're trying to correct the situation for you and we hoped that you would help do so because it's you we're trying to help.

Shaun
Customer Service
http://www.WeddingDepot.com

—-— Original Message —-—
From: Loren
To:Customer Service
Sent: Thursday, December 28, 2006 4:59 PM
Subject: Re: Order Update

Surely, I hope name calling is not standard in your business operations. I never called myself a victim. I just want the ornament I ordered.

I will return the unity candle holder. In what form of payment do you plan on reimbursing me for the shipping? Will I receive a check? Will you put the credit on my credit card? Please let me know.

And when can I expect to receive the ornament that I ordered?

—-— Original Message —-—
From: Customer Service
Date: Thursday, December 28, 2006 6:41 pm
Subject: Re: Order Update
To: Loren

Wow - name-calling? Where did that come from? Victim is an ordinary term in vocabulary which described the perception I was getting from what you were telling me. You were insinuating the lack of morals of our company by questioning if you were even going to get reimbursed and repeatedly condemned our service level. That is something someone says when they think they are a victim (being ripped off) and that is what I interpreted your perspective to be from what you were telling from me.

I promise you we want to take care of this honest mistake but are having a bit of a bumpy road doing so. If we could not back- up my offer and were going to rip you off.... why would we have sent you anything in the first place? The reimbursement will come in the form of a credit back to your card.

Thank you!

Shaun
Customer Service
http://www.WeddingDepot.com

—-— Original Message —-—
From: Loren
To:Customer Service
Sent: Thursday, December 28, 2006 8:38 PM
Subject: Re: Order Update

I do not consider myself a victim and don't appreciate the use of the term ... I am simply being a cautious consumer, and from the type of unprofessional communication that has been coming from your end, I think I have every right to be. I have never in my life been talked to by a customer service representative in the tone that you have chosen to take with me.

As I understand it, in the customer service business, it is your responsiblity to make sure the customer is satisfied and has received the items that they have ordered, in a timely manner and in the shipping time in which they requested and paid for. Instead, we have wasted an entire day emailing back and forth without a resolve to the problem at hand. So now I have to wait until you receive the unity candle holder before my ornament can be shipped when it should have been here by Friday, the 22nd? Seems to me that I'm the one that is now being inconvenienced even further for your company's mistake ... How is that customer service?

—-— Original Message —-—
From: Customer Service
Date: Thursday, December 28, 2006 10:26 pm
Subject: Re: Order Update
To: Loren

Hello there,

Wow... we're definitely on different wave-lengths and I don't possibly see how you interpret "victim" to be a negative term. I am uncertain what word you would use for someone claiming to be at the mercy of a company who they suspect and make claim to having done them wrong. The reason you've not ever had communication like this before is because most companies train employees to practice activities that are illogical in order to cater to the dreams of customers and that includes telling customers anything they want to hear as long as it makes them smile. It's an act that companies do to hope that customers will think they're great and come back. It usually goes beyond what's reasonable and logical for the situation and pretty soon the company wastes more time and money trying to cater to a customer who is insulting them. That leads customers to have the mind-set that a company should do anything for the customer. After all... why wouldn't it? The customer learns they can yell and insult the company and look... the company then does anything you ask. That's ridiculous. Errors do not translate into carte blanche. There are still processes that must take place and procedures to be followed to make corrections to mistakes. Those same customers usually are quick to cast negativity toward companies and then claim the company is being rude to them when it responds to such allegations cast by the customer. They think it's a one-way street and their purchase entitles them to say anything to the company. Companies are only people too, and half the gibberish that a frustrated customers email would never have left their lips if they had to say that in person... to a person.

Yes, I agree that today's communications have been virtually wasted. Early in the day, I offered the solution we are ending on - yet you continued to debate it for the entire day. Not only that, but you continue to ignore the fact that you are incorrect that the item was to be delivered to you by the 22nd. You are creating your own "guaranteed by" time and blaming us for a production and shipping time you're making up. In fact, you're even making up the "guaranteed" part totally. We only state approximations for all our products, yet you're taking it upon yourself to interpret it as "guarantee". We cannot control your choice to convert our information into what you wish it to be.

This is definitely one of the most peculiar email exchanges I've had with a customer and it amazes me how your failure to understand the correct shipping time in combination with an honest mistake in our shipping department has caused you to question the morality of our company by questioning if we would refund your money. We look forward to receiving the product back so we can rapidly conclude this exchange.

Shaun
Customer Service
http://www.WeddingDepot.com

—-— Original Message —-—
From: Loren
To:Customer Service
Sent: Friday, December 29, 2006 6:48 AM
Subject: Re: Order Update

You say I am imagining that I'm a victim here? I am imagining reporting you to the Better Business Bureau. THAT'S what I'm imagining.

You state " Not only that, but you continue to ignore the fact that you are incorrect that the item was to be delivered to you by the 22nd. You are creating your own "guaranteed by" time and blaming us for a production and shipping time you're making up. In fact, you're even making up the "guaranteed" part totally."

Actually, no, I'm not making any of it up. I received an email on 12/19 saying "HOORAY! Your order has shipped!" The production time was clearly through with and the item was on its way. And I received the candle holder on the 22nd. SO.... If the RIGHT order was shipped, it would hold true that the ornament would have been here by the 22nd, no? I haven't made anything up. "Thank you for your follow-up. which item did you receive?" ... that was the first response I received from you after emailing you three times and stating that I was disappointed I had not received the ornament. A simple "We are sorry for the shipping error, we'll get the ornament out to you as soon as possible" would have gone a LONG way solved this entire debate. Instead, you chose to argue with me about this.

I am not asking you to bend over backwards for me as the customer. I am asking for CUSTOMER SERVICE, none of which I have received.

—-— Original Message —-—
From: Customer Service
Date: Friday, December 29, 2006 10:25 am
Subject: Re: Order Update
To: Loren

Thank you for your reply. The reason you received the shipped notice was obviously because the wrong item had shipped because the regular production time for the ornament would not have been complete yet, so my comments about "guarantee" are exactly right. We did offer a solution early on. You chose to debate it, so we replied each time.

We'll await the arrival of the return. We will handle the exchange when it arrives.

Shaun
Customer Service
http://www.WeddingDepot.com

—-— Original Message —-—
From: Loren
To:Customer Service
Sent: Friday, December 29, 2006 9:36 AM
Subject: Re: Order Update

Regardless, the ornament should have been shipped BY NOW.

I will send the unity candle holder back COD.

—-— Original Message —-—
From: Customer Service
Date: Friday, December 29, 2006 10:42 am
Subject: Re: Order Update
To: Loren

We reimburse for postage and not COD fees or additional services you select to add to the return.

Shaun
Customer Service
http://www.WeddingDepot.com

—-— Original Message —-—
From: Loren
To:Customer Service
Sent: Friday, December 29, 2006 9:54 AM
Subject: Re: Order Update

You have been reported to the Better Business Bureau.

—-— Original Message —-—
From: Customer Service
Date: Friday, December 29, 2006 11:29 am
Subject: Re: Order Update
To: Loren

No problem. We'll be sure to include the BCB. We'll enclose your on-going debate in our response. I've tried to offer you a solution, yet you continue to debate it without end and thereby causing yourself further delay. Here ya go - this will work:

1. Throw unity candle stand in the trash.
2. We'll issue a full refund.
3. We'll cancel your account with us. Please shop elsewhere.

That was easy. Have a good New Year's!

Shaun
Customer Service
http://www.WeddingDepot.com

—-— Original Message —-—
From: Loren
To:Customer Service
Sent: Friday, December 29, 2006 10:46 AM
Subject: Re: Order Update

It's not surprising that you've been reported before and have an unsatisfactory record with the Better Business Bureau.

I am still unsure of what solution you ever offered me other than for me to go to the post office, pay to return the unity candle holder, and then patiently wait to be reimbursed for that ... as well as wait even longer for the ornament to arrive.

—-—-—-- Forwarded message —-—-—--
From: Customer Service To: Loren
Date: Fri, 29 Dec 2006 10:53:44 -0600
Subject: Re: Order Update

Please follow the below solution and discontinue communication with us.

Shaun
Customer Service
http://www.WeddingDepot.com"

— BEN POPKEN

The AG seeks the money returned, and the company officers fined $25,000 for each violation.

We have little to add here except maybe, "word up." — BEN POPKEN

Ohio suing Norwood company [The Enquirer] (Thanks to Jason!)

• "Short technology-product cycles may be a fact of life, but some retailers aggravate the problem by knowingly foisting older gear on customers—or at the very least, by not making clear to buyers whether the items in stock are nearing obsolescence." This is a good point. Make sure you don't buy a new iPod two weeks before the next model comes out. No, we never did that. (Yes, we fucking did.)

• Watch out for bogus reviews. "The problem of bogus reviews has arisen even at well-known sites such as Amazon.com." Oh, so true.

• Complain to the Better Business Bureau if something goes horribly wrong. "The good news: Amazon usually issues a refund to consumers who complain to the BBB about shipping delays."

More at PC World

Below is a fine example of how to draft an effective complaint letter (click to popup a slightly nicer looking version).

See, not so hard. It's just like Mad Libs!

While not able to resolving complaints, the BBB does a good job of documenting and publishing them. When warranted, the organization passes on complaints to the proper authorities.

These publicly available records can warn other customers, provide a basis for lawsuits, or aid local investigative reporter make a point about unscrupulous local businesses that no one seems to be able to do anything about.

Find a Better Business Bureau Near You

On his blog, Aaron Forgue tells what really went down with TheGiftAssistant.com and the eventful day when they started on the fast track to financial success: shutting off the phones.

Forgue had an IM convo with us to further illuminate matters. In it, he provided the cell phone numbers for the real people behind the shystering Tom Candelaresi and John Gerlach. Forgue says that if you've had money taken from you by TheGiftAssistant, and you call Tom and John, they will refund you. Hopefully not in gift cards.

Our bleary-eyed interview with Forgue, inside.

Here's that Local 12 investigates story, with Howard Ain!

Last December, Rik ordered gift certificates from TheGiftAssistant for Christmas. On the 22nd, a rep called to say they wouldn't arrive in time, would he like cancel. Through his teeth, Rik agreed. He was as surprised to find himself still charged on his credit card as his familial kiddies were to find socks and semi-used cough drops in their stockings.

Many calls later proved futile. The BBB said the company was unresponsive, and also had 80 other unresolved complaints on file.

Rik is disputing the charges with the credit card but who are these "The Gift Assistant" douches?

We did some cursory digging...

UPDATE: The real behind the scenes story, here.

The website lists as contact info:

The Gift Assistant
1776 Mentor Avenue
Cincinnati, OH 45212
Phone: 877.443.8770
Email: comments@thegiftassistant.com

We called that number. A machine picked up and apologized for not being able to take our call as ""normal business hours are Monday through Friday, 8-5pm." We then couldn't leave a message as the mailbox was full.

Googlemaps and Google show that address to be some sort of downtown business center.

WHOIS on the site reveals:

Candelaresi, Tom
tcandelaresi@fuse.net
4012 Benjamin Dr
Cincinnati, OH 45245 US
Phone: 513-752-7644
Fax: 513-752-7729

The phone was busy and the fax kept ringing. Googlemaps reveals that to be a residence.

Interesting too is that when we looked at the site's source code, these fellows were listed as its authors, "Aaron Forgue, PJ..." - who seemed to have met in QBASIC classes at Miami U. in Oxford.

Fine work, fellas. We'll be sure to recommend you for our next Web 2.0 project.

UPDATE: We spoke with Aaron Forgue. He and PJ did work on the site, hard work but were not responsible for defrauding consumers. He also doesn't know QBASIC. Read more here.

And then finally, TheGiftAssistant's BBB listing paints a gory picture of typical online sleazbags.

We're not sure what anyone can do with all this info, unless you're an aggrieved customer out for blood the hard way, but one things for certain: if you randomly land on some ecommerce site you've never heard of, think twice about plunking down the credit card.

All of this would have of course been averted if Rik opted for simple homemade crafts as Christmas presents instead of going the easy gift certificate route.

Rik's original letter:

"Don't shop at the Gift Assistant .

Last Christmas, I decided, instead of being the usual Scrooge that I am, it would be a good idea to get all the kiddies in my family Barnes and Nobles gift certificates. That way, the little whippersnappers would have a fighting chance to get a little learnin' in their empty lil heads.

Somehow I found my way to the Gift Assistant website. On December 10, I purchased 13 ten-dollar gift certificates from them, which I was told would take about a week for delivery. On December 22, I got a nicely worded email from an employee of the Gift Assistant telling me that the certificates would not arrive in time for Christmas, and would I like to cancel my order. I thanked her for the information and agreed that cancelling was probably the best idea.

The matter should have ended there. Instead, in my December credit card statement I found that the Gift Assistant had not cancelled my transaction, and that I was out $130. And they never sent me the gift certificates. Grrrr.

Many, many emails and phone calls later, I became fed up with their empty promises of refunding me the money and I reported them to the Better Business Bureau in February. It was my first BBB complaint, and it felt good just filing it. I got a few responses from them that they were on the case over the past months.

I recently got an email from BBB telling me that the Gift Assistant was "non-responsive" and that there was nothing further they could do. They suggested I contact my Attorney General or the Internet Fraud Unit. The BBB now lists the Gift Assistant as having an "unsatisfactory record with the Bureau" due to "unanswered complaints and a pattern of complaints concerning delivery issues." They have over 80 complaints about the company on file, the large majority unresolved.

It's nice to know that I wasn't the only one taken. Still, it galls.

And next Christmas, all the kids are getting socks."

Kamian A. bought a vase for Mother's Day and asked a local florist, Flowers by Anat, to include a book she had purchased to accompany the vase, but separately wrapped so the book wouldn't be damaged by any water spilling over. You can guess what happened: the book wasn't wrapped and so it was ruined. When Kamian went back to the florists' to complain, though, the owner just gave her attitude, insinuating that Kamian was just a klutz. So out came Kamian's poison pen!

Kamian's email to us, then her letter to Flowers by Anat and the BBB, after the jump.

I would like to take a moment of your time to tell you a story about a small business owner with a big ego and bad customer service values. My name is Kamian A. I grew up in Chelsea and now work at a small/medium size business in Chelsea.

Here is the story: On May 12th, I purchased a book, and brought it to Flowers By Anat (in Chelsea) to be be wrapped separately, along with an arrangement of flowers; the book was damaged by water, as it was haphazardly placed directly behind a near full vase.

To elaborate, I asked for the book to supplement the flowers