Monday, January 18, 2010

PSA Update: From the comments

These helpful links were posted in the comments. I personally spoke to the California Department of Consumer Affairs and to the California Attorney General's office. They advised me to file written complaints, which I have done. I also asked if it would be better to file a complaint as a group or for each customer to file independently, and they said we should file individually.

To file a complaint with the California Attorney General: http://ag.ca.gov/contact/complaint_form.php?cmplt=CL

For the California Department of Consumer Affairs, https://app.dca.ca.gov/cru/gencomplaint.asp

To file a FCC complaint, go to http://esupport.fcc.gov/complaints.htm

Laws regarding contests and sweepstakes in California: http://www.dca.ca.gov/publications/legal_guides/u-3.shtml

California Laws and Regulations for Charities, Fundraisers, Non-Profit Hospitals, Raffles: http://caag.state.ca.us/charities/statutes.htm



Note: I removed the comments from this and the previous post after one commenter told me she had received an email from Jenn Harris threatening legal action. I don't want you guys to have to deal with that. I have not actually been contacted about any such action. It would surprise me if I were, since the key to libel is that the statements are untrue, and all of this would have to be investigated to determine if that was the case.

11 comments:

  1. FIRST!

    I'm glad you decided to make a follow up to the original post, I was hoping you would. I also plan to file a complaint through the above websites.

    Thanks KT for bringing this to light, I was reading a blog last night that was looking to take in a few monetary donations to send a get well basket to a celebrity and they were overwhelmed with donations, they let their contributors know what was going on with every penny step by step (ooo baby!) It would have been nice to see RR doing the same. It's unfortunate that it's come to this with them, but it also seems like there are many people who have strikingly similar stories about not getting what they paid for. I can see in a big company there being a dozen unsatisfied customers but I'm willing to bet less than half of the paying customers got what they were paying for.

    On a side note, you mentioned in your original blog that you talked with Dave about the price of the Gold membership going on sale shortly after you made your payment and his reply was that he would extend your subscription to 2 years instead of one. I noticed that Jenn posted on her twitter (as though you had questioned her about it, but I saw no evidence on your twitter regarding subscription) that your account is paid and you will receive full gold member benefits until 9/2010 - is that 1 year or is that 2 year termination?

    Thanks again KT for all your insight!

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  2. She did? I have both of them blocked; I won't see if they reply to me. It's weird anyway because I haven't contacted them on Twitter. But if my subscription runs out 9/10, that would be one year, not two as promised.

    You know, that brings another point. Jenn mentioned in her blog they were going to do all kinds of other celebrity chats. But that is only a good answer if the memberships don't expire. If I get one year of benefits, I need those chats to happen in this particular 12 month period.

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  3. The scams go on and on. Unbelievable.

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  4. This comment has been removed by a blog administrator.

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  5. I forgot to say in my comment on the first blog about this that I too have not gotten a log in yet. I emailed the email on the paypal receipt. It's Anthony though I think?.....and have not had a response.....

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  6. I post this not to be contrary, but hopefully that you will look at it with an open mind and as a way to improve your point of view.

    There are a few issues with the argument here I see a lot of civil cases here. Problems with customer service yes - but if you get ANYTHING for what you paid for, it is not Fraud it is a civil matter for breach of contract and has to happen in civil court (and all you can get back is your $$$ you were out). Example: So lets say I agree to repair your roof. You pay up front and I do nothing: Fraud, which can lead to prison time. If I put up the wrong tiles, take 2 years to complete, and mess up - you can call the cops, but they will not care. They will send you to civil court. Therefore all the customer service issues belong there. (As well as the Better Business Bureau)

    Secondly, anonymous people saying "I know for a fact it was a scam because it happened to MY FRIEND" is a totally unsubstantiated claim. Interesting, but no validity and no proof. First that is hearsay. Not evidence. You need statements signed and notarized by those it happened to. That would help your case TONS.

    Next, logically why would they pick contest winners who had NO association with them (earlier there was a claim it was friends/family of theirs!)? It would make more sense to pick people they know. Also have any of the "winners" who never received anything given their names to be checked against the shows? Where are the statements from these people who should be so bothered by being contacted by an unknown third party that they would most likely call the cops? If I was contacted by someone I barely knew to do something morally, ethically, and possibility legally wrong I would flip out!!! Does anyone else think that sounds a bit strange? Step back a bit - it seems a little off. Not saying it is wrong, just very, very strange. More information here is needed.

    Also, the LGT Foundation was taking monetary donations - through the agency where you could get a book for $1. This is where my group was told to take money. The books are bought and went straight to them from what I understand, so that could account for the acceptance of cash as they had TEAMED with the organization. Is this not a logical possibility?

    Question: Katie as per your membership, did you not ask that your membership be terminated or put Retrorewind on notice that you wanted it terminated in your last blog? Therefore it should be over then?

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  7. continued...


    You have asked for a list of winners, etc - but how long have you given them? Most places take at least 6-8 weeks to respond to anything.Just because a list has not been given does not mean it does not exist. Absence of evidence does not mean evidence of absence. You need a stronger case here - or what you have is not fraud it is questions for an investigation. Many of the words are strong an insist truth and knowledge that only those running Retrorewind could have. If it turns out that this information is false (and people sometimes do post false things to blogs anonymously) it could be considered libel and "Torturous Use Of The Internet" (google it, sorry for the spelling). This is where false statements about a business, a person, or their image leads to loss of sales for that business. Even statements such as "I have no idea why anyone would pay for Retrorewind's services" fall under that statute if it can be proven to lead to a loss of business. From the comments in the previous blog, it is a possibility. I do not think think is anyone's intent, and some rewording could fix the possibility.

    On a related note, I think everyone hopes the money went to the right place for the charities...but if it did and the worst they did was not fill out the right paperwork - most likely they will have to fill it out retroactively, and possibly pay a fine. It seems the charity stuff could have been thrown together haphazardly - but that does not mean it is being pocketed. Could be it is going to the right places and is just not documented perfectly? One of the above agencies should help with that. Maybe calling them scam artists should wait until they find some real, hard evidence. Being rude, not turning over papers, and having bad customer service does not add up to Bernie Madoff all at once.

    As for the video and pictures promised...was there a solid date by which they were said to be delivered? I honestly do not know. Delays do happen all the time...but hopefully they are up soon.

    Not trying to be solely negative-I honestly believe you are trying to do the right thing and help people, but it would be best to keep things very professional and stay away from any statements that could cause problems if the company is legit - and just has bad customer service. Unfortunately there are MANY places with that (mostly in blog comments, not the blog itself-but the owner of the page takes responsibility for moderation and content per Google's rules). Asking for a formal investigation is great as they will be more likely to respond to these agencies. But I also think it would be best not to just rely on statements from people who you may not know and do not want to disclose their information.

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  8. OMG Just Went Through My Paypal Account & This Guys Has Taken Almost $350 From My Paypal Account Through Donations & Subscriptions. I Am Filing A Suit Against Him TODAY. How Could I NOT Noitice That He Has Been Taking Money Out Of My Account EVERY F*ing Month!!!

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  9. UGH this "station" makes my skin crawl.
    My 1st question is about Joe--ppl PLEASE do not jump on me here ok? Why hasn't Joe made a comment? We all joined/donated because of Joe. I know for a fact if I wanted to donate $$ I would have given in my community. All he did is annouce the RR winners. I feel since his name is being used that he needs to make a comment.
    2nd--Jen posted if you want a refund to email them. I did that. 3 denials later & I won't be seeing any money returned. I was told I didn't "donate". Even though that's what my receipt says.
    It makes me sick what's going on. NKOTB fans give ALOT to what the NK's endorse. I know I will not be donating to anything for a very long time.
    Again--I wish we would hear something from Joe. I feel as if he needs to defend Katie--and everyone else.
    Katie--thank you for doing this. You know you have a million sisters who have your back.
    Kim

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  10. I noticed some comments about LGT and how supposedly Joe said they werent taking cash donations anymore, so how could dave have donated to them if Joe said they arent taking cash donations anymore...so I went to their website to check and you still can donate online at LGT AND Firstbook.org
    Here is the link I found http://url2it.com/bted
    Dont know if this helps, but I figured why not put all the facts out there.

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  11. I received an email from Jen at RR. This is part of it..Im copying and pasteing it since I don't want her to cry to her lawyer that Im slandering her.

    "I suggest to either remove your comment or add another comment correcting yourself. If you delete it, do not bother to post anonymously, as our Attorney has already begun the process to subpoena Blogger regarding this blog, and all anonymous comments made that are disparaging against myself, Dave, and Retrorewind, to be identified with their IP addresses. It is our intention to hold all parties accountable for libelous remarks."

    Funny how I called my lawyer this morning asking if anything could happen to the HUNDREDS of us and he laughed. He said, "Do you know how many people right on blogs complaining about Howard Stern? Perez Hilton? Do they go and sue everyone!?" & then he laughed.

    Below--this is my reply...

    "You do not scare me. You do not scare anyone. In the USA I have the freedom to say what I want on someones personal blog.
    I have 3 emails from you so I will NOT post anything to Katies blog--except to say I got this email from you.
    You should be ashamed of yourself.
    Call you lawyer--myself and HUNDREDS of others welcome it."

    Isn't it funny how people with so much other stuff in their lives is worried about a bunch of pissed off customers. Or should I say jilted NKOTB fans.

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