Complaint resolution service publishes case studies, recall information and consumer news.

The web is full of stories of unsatisfied Nuperk customers, and for a while, it appeared that Consumer Help Web had a fast track with the company. After winning a much-deserved refund for a customer earlier this year, we were approached by another disgruntled Nuperk customer.

Shed reported that she used the Nuperk product without result, and returned the unused portion in accordance with the money back guarantee. She has outstanding documentation showing each contact to the organization, as well as her authorization to return the product for a refund. Although the product was received May 5, 2006 and an electronic copy of the signature exists, she has yet to receive her refund.

Nearly two months later, an employee who identified herself as “Bridgette” reportedly told her that she would notify the appropriate party to arrange the refund. Two days later, another employee named “Poonam” said approximately the same thing.

Our customer has sent three additional emails, which have also not received a response.

We sent the complaint details to Nuperk just like last time, but were stonewalled after two demand letters. We have since provided our customer with contact information for a good local consumer attorney as well as the direct contact information for her local consumer regulatory agency.

Posted under Complaints

The marketers of Seasilver, an alleged phony cure-all, have been ordered to pay almost $120 million for failing to comply with an earlier order requiring them to pay $3 million in consumer redress.

In ads for Seasilver, the promoters claimed the product, a liquid dietary supplement containing aloe vera, phyto-silver sea vegetables, herbs, cranberry concentrate, and other ingredients, was clinically proven to treat or cure 650 diseases, including cancer and AIDS, and caused rapid, substantial, and permanent weight loss without dieting. The FTC alleged that the claims were false and unsubstantiated.

In March 2004, the defendants agreed to settle the FTC’s charges. The settlement, filed in federal court, barred the defendants from making false or misleading claims in the future. It also required the defendants to pay $3 million in consumer redress and included a suspended judgment of $120 million, which would become due if the defendants misrepresented their financial status, or did not make the payments as they agreed.

To date, Seasilver, USA, Inc. and Americaloe, Inc., and their owners, Bela Berkes and Jason Berkes, have paid less than $1 million of the consumer redress they agreed to pay. Under the Court’s order, entered on June 20, 2006, the Seasilver marketers are now jointly and severally liable to pay the full amount of $119,237,000, plus interest.

The FTC has secured liens on the defendants’ assets, including a nursery, an aloe farm, and equipment. The two largest distributors of Seasilver, who were named in the FTC’s complaint and settled the charges, have made their separate court-ordered payments of $1 million and $500,000.

The hotline number for this case, 1-866-408-2536, contains more information for interested consumers.

Posted under Customer Service

San Francisco Superior Court Judge Thomas Mellon Jr. has halted the settlement reached by Netflix that would have allowed subscribers to upgrade their plan at no cost for a short time period.

According to media reports, the judge is seeking to reduce the amount paid to the plantiff’s lawyers as well as change some of Netflix’s disclosure requirements. The on-again/off-again settlement should find a home next month.

Meanwhile, consumer advocates continue to carefully watch the proceedings since the use of the word “unlimited” may soon have case law precedent based on Internet companies.

Posted under Customer Service

Two persons have agreed to settle Federal Trade Commission charges for their roles in a fraudulent business opportunity scheme targeted in early 2005 as part of “Project Biz Opp Flop,” a crackdown on violations of the FTC’s Franchise Rule, which requires that prospective franchisees must be given a full disclosure document about business opportunities they are offered, and Section 5(a) of the FTC Act, which prohibits unfair and deceptive acts or practices affecting commerce.

Scott Douglas Rinaldo was involved with the wrongful practices of World Traders Association Inc., a Nevada corporation, and several other corporate and individual defendants, including International Merchandise Group and The Global Connection. Shannon Kirk Holden was involved with the wrongful practices of The Global Connection during part of the time it was in operation. According to the FTC complaint, the defendants violated the FTC Act and the Franchise Rule by making false and deceptive promises to franchise purchasers who paid as much as $8,000 in return for access to overstocked merchandise, expert training in the surplus goods industry, and substantial income.

Under a stipulated judgment and order for permanent injunction proposed by the FTC, Rinaldo is permanently barred from being involved in, and making misrepresentations concerning, any aspect of commerce in business ventures. Holden is permanently barred from making misrepresentations to consumers who might purchase business ventures, goods, or services.

Judgments representing the amounts of consumer injury attributed to the two defendants – more than $30.7 million for Rinaldo and more than $491,000 for Holden – will be suspended due to their inability to pay. The judgments will be imposed if they are found to have misrepresented their financial condition.

The Commission voted 5-0 on March 7 to authorize staff to file each of the two stipulated judgments and orders for permanent injunction, which occurred on March 16 in U.S. District Court for the Central District of California, Western Division.

Note: A stipulated final order is for settlement purposes only and does not constitute an admission by the defendant of law violations. A stipulated final order requires approval by the court and has the force of law when signed by the judge.

Posted under Customer Service