Total Scam 3 day Rescission Law

Complaint

0
EV
Country: United States
Direct buy member relationship Jacky is very determine to keep the real workers hard earn money , she will defend Directbuy scamm to the end,all direct buy victims need to get toghether and prevent this scammers to continue on scamming,any help any ideas?,Scott Towel is the corporate brain of all this scamm at 8450 roadway Broadway merryll Ville Ind 46410.
For the victims of south Florida the Miami Show room is closed and Mike and Gale Eaton (previous Davie& Miami Owners)apparently no longer are Owners and the people from Miami can do anything about it,(Eaton's Where replaced to screw all the Miami Victims) the new owners for the Davie Store are Mark and Sylve Nadeau at the DirectBuy 6545 Nova Drive suite 200 Davie,Fl 33317 and basically they no longer care about the Miami customers and he replays on his letters,DirectBuy Clubs Are Franchised,and the location where you purchased your membership has unfortunately closed.In Bussiness that happens,they are such scammers.
Three Day Rescission Law
There is a common thread that links many "membership" businesses such as campground membership resorts, resort membership resale businesses, travel clubs, video dating services and some "business opportunities".

The consumer is sold a future service contract (membership) and told that they have three days in which to cancel.

Actually, where there is a statutory cancellation period, the statute allows the consumer to cancel within 3 (or 7 or 10 depending on the statute) without paying ANY damages whatsoever. The 3-day period is a "super remedy" that doesn't allow the business to keep any money. After three days, normal contract damage law still applies.

If the consumer hasn't caused $5,000 in damages, they are not obligated to pay a $5,000 sales price, or the business is not allowed to keep the full $5,000 if already paid. The business can only keep actual damages (for instance, the cost of a 1 hour sale pitch and a glossy brochure).

Many consumers are really beat up with this misrepresentation. Many state Assistant AGs, and at least one FTC attorney, has said that after three days, that's it, you lose everything.

Mark Fleming, a class action attorney from Seattle has yet to find a judge that agrees.

Leisure Time Resorts of America (now Thousand Trails), paid out over $1,000,000.00 in consumer refunds in a class action lawsuit he finished last year. LTRA said the consumer had to pay the full sales price whether the consumer wanted to keep the membership or not.

The judge disagreed and the consumers won.

The court ruled that a business that requires full forfeiture on a future services contract has engaged in a deceptive trade practice.

As a matter of common sense, the business has been relieved from performing years of membership services. Therefore, how can it be entitled to full payment?

Nor does it make sense for the business to argue that the consumer should be forced to remain a member against their will. Unfortunately, we are used to the concept of having to pay in full on a contract because we have driven the vehicle off the lot, taken the TV home, etc.

When "you have the goods," you pay the price. When it's a future services contract, you only pay the damages (if any).

It was discovered from reviewing financial statements that the campground membership industry considers its satisfied customers as "loss leaders." The profit is in the ones who are disgusted with misrepresentations made at the point of sale, or move, and simply walk away from their money because of the "no refund" language in the contract.

Fleming feels that one area that doesn't get enough press is the successful individual consumer lawsuit. If an individual sues, proves a deceptive trade practice, and gets their money back, nobody really knows.

Only appellate cases are reported so that other attorneys can find them, and a business is not likely to appeal and have everyone know that one of its business practices is deceptive.

Consumers are constantly "reinventing the wheel" when it comes to proving that a particular business practice is illegal. Many "traditionally suspect businesses" (membership sales, furnace installers, dating services, etc.) do not even show up to defend a lawsuit.

They will pound their chests until the day of trial and then not show.


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Comments

  • 0
    luis
    | 2 replies
    Just got a letter from Directbuy of broward county it says
    Congratulations our promotional dept shows that you have been rewarded a new 7" touchscreen
    I now nothing in life it's free so I googled and found this article.
    I suggest to put this on Facebook
    It's great way to expose them.
    • 0
      jerry kaifetz replies to luis
      | 1 reply
      Your and [***]
      • 0
        Asterio replies to jerry kaifetz
        Thanks Luis, I got a letter too from DBBCF LLC, saying that I am going to receive an Android Touchpad Tablet Computer at 'no charge' Congratulations. Simply call at 954-449-9208 and reference the RSVP gift code and also that they will include a complimentary $100 Restaurant Card. Signed Marc Nadeau, Franchise Owner.
        Now that I know this is a scam I will trash this fckng letter.
  • 0
    mario
    exactly happened to me ,with that ,f,, letter ,thanks god ,I decided to Google it ,  and found this web ,and the comments , we got to wake up people ,this is getting worse everyday...we got to expose this scams to avoid more people from falling ...
  • 0
    Busha
    I just received a letter from the said company (DBBCF LLC) and after googling I found out it was a scam.
  • 0
    Markas Erasmus
    Got a letter too, have an appointment Saturday, still deciding if to attend!
  • 0
    Enrrique
    Same here , same BS letters, 0n 06/11/14 in Ft Lauderdale,fl   lets do something.. ..
      thanks for yours post..
  • 0
    JHON
    Same here! A letter stating I will receive an Android Touchpad Tablet. These Fcking [***] should be arrested immediately!
  • 0
    JHON
    By the way, we should report this PO BOX as a Scam Address!!! Where can we do that?

    PO Box 21769
    West Palm Beach, Florida
  • 0
    Jay
    same B***S*** letter I got yesterday. SOMETHING SHOULD BE DONE ABOUT THIS B***S***.
  • 0
    Francisco
    Got one too.
  • 0
    Carlos
    I receive the same letter. Thanks.
  • 0
    Carl
    Got the same letter today and decided to Goggle the info. Thanks for the post.
  • 0
    Mark
    | 1 reply
    Yes, received the letter just now. I will now follow through with it, thank you. I did smell something fishy. I did not enter any kind of contest, and "free gifts" always get me wondering.

    Thank you for the message.
    • 0
      Mark replies to Mark
      Meant to say I will NOT follow through, thanks again.
  • 0
    Lisa
    Just got the same letter about the "freeAndroid"  I know nothing is free, so i googled the address and found this stream, Thank God!  To "FILE 13" this letter will go.  THANK YOU VERY MUCH......
  • 0
    orlando Nov 29, 2914
    Just received the same scam letter.  I trash it.
  • 0
    Ken (Capt.)
    Got the letter and called and went to the seminar.  You get pushed around and lots of BS demands are made trying to force you to sign up and pay $4,000.00 up front.  At the end if you don't sign up and pay you don't get your Android or the $100 dinner card.  They are modern day pirates and the law and government supports them.
  • 0
    Carmen
    Received same letter today. The letter reads like a scam. Search confirmed it. The only people this group is helping is the Post Office. STEER CLEAR OF THESE JOKERS
  • 0
    Alex
    I went to the seminar and paid the $4000 membership, and to be honest I have already received more than I paid for in investments.
    if you are looking to remodel your home like we did then it will definitely save you a lot of money, if you are just looking to buy a lamp or small stuff then this is not your place.  But I would not say is a scam, yes it is a hefty membership price but well worth the ROI if you are looking to spend above 15K in your home renovation.

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