Tag Archive: Class Action

Fabian Tactics of Google Work At Home Scam Legal Team

Pacific Webworks / Quad Try and Dodge the Issue

Oh What a Tangled Web We Weave...

Oh What a Tangled Web We Weave...

Back in 2009 I stumbled upon a negative option scam for which those involved were sued by Google (and folded with an out-of-court settlement) and were prosecuted by Uncle Sam, losing again.  Initially, I was completely unaware of the depths of deception to which these people would stoop, but then I rapidly discovered the nightmare web that they’d constructed and how difficult it was for ordinary people, duped by slick honest-looking promises, to un-pick themselves from it.

Not only that, I quickly realised that PWW weren’t the only spawn of the devil and that others, like Jesse Willms, were up to very similar tricks.  See:

Methods

The above list of links more-or-less shows how we found out the Pacific Webworks (PWW) story.  They’re by no means the only set of devils in the world trying to scam people, but they’re the one’s I stumbled upon first.  That’s all.

Their business was to set up website templates that their “customers” could use to extract money from their customers by use of the negative option scam.  In effect, they were selling the tools to steal to people, who then had the option of calling it a day or selling the tools to steal on themselves, thus stealing.

To promote it they used mass advertising through paid ads on Google (using the Google and others’ trademarks to make it appear that these offers were endorsed by those referenced), through Quad, which they owned, and fake news or personal information websites (flogs) loaded with follow up ads.  The promotions could be their own, but for the most part it was all done by “affiliates” (their customers) that all took varying degrees of commission for follow-through clicks.

The advertising was managed by Bloosky Interactive that also operated through 3rd parties unsolicited email adverts, spam to you and me.

Underlying it all was the credit card processing business which they also owned (Intellipay) usually through the securecart domain.

All parties involved, except the final folk who didn’t really understand how bent this whole operation was, fully understood the nature of this business.  How could they not? – when they were selling “services” for $1.95 for which they’d get $30 commission!!!

Turn of the Screw

In another twist of deviousness, PWW (run by Bell, Bell, Larsen & Larsen at the time) set up The Quad Group (geddit?) to avoid creditors.  This is how they themselves described it:

In June 2009 we experienced limited merchant account processing capabilities which created a situation where we could not satisfy payables to marketing partners. To generate needed cash in the 2009 second quarter we sold a portion of our hosting portfolio that was in excess of merchant account limitations to The Quad Group, LLC, a related party (the “Quad Group”) for $157,786. Quad Group is owned and managed by current directors, officers and an employee of Pacific WebWorks. We may periodically be required to enter into sale transactions with Quad Group to properly manage our merchant account processing requirements.

Neat huh?

Cuts and Thrusts

So that’s about it, as I currently understand it.  PWW’s managers/owners had customers on two levels, that is;

  1. The direct affiliates and associated advertisers who were enticed into the operation or migrated from other similar schemes via the lure of easy money.  These people used the templates to lure others with promises of easy money, paid as commission for attracting others to run the same schemes.  The schemes didn’t sell anything – except the scheme!  A true pyramid scam!
  2. Duped suckers.  These, numerically the vast majority, soon realised after one or two mysterious withdrawals from their account of amounts around the $79 mark, that it was a scam.

The thrust of the plan was the hope that most people wouldn’t do anything, wouldn’t investigate much and wouldn’t associate with other suckers through embarrassment or whatever, just writing off the episode as one of life’s bad judgements.  Thus PWW would make say, $200 from which all the ads and affiliates would get their cut.

Just Desserts

Statue of Justice

Statue of Justice

Unfortunately for PWW, it didn’t work out quite like that.  Sure they made pots of money for a few years, but they upset too many people and eventually, through the power of communication via the very internet which was their arena,  news of what they were doing became so much that first Google, then Uncle Sam had to act.

Black September

But still the shit kept coming their way.  Just as I’d predicted in my postings (see list above), karma would get them.  On 19 September 2011 this year a class action was brought against the three main bodies behind the scam – Booth Ford v PWW et al – Barbara Ford is to be commended for her patience.  It was 2009 when she first filed for a class action!

In it, we see just how badly PWW have been acting for years.  Section 11, for me, sums it up perfectly!

Booth Ford v PWW et al Section 11

Booth Ford v PWW et al Section 11

So there we have it!  Now where’s the problem?

Rip-off Too Big!!

On 1 December 2011, Quad (who are actually essentially the same people as PWW with an almost similar board make-up – in fact the Google settlement made it plain that wives of the directors had been roped in as well), filed to be removed from the Class Action because they might have ripped off too much from people!  eh??  See QUAD_GROUP_NOTICE_OF_REMOVAL

The essence of their legal Fabian tactic (as I see it) is that:

  1. They scammed people from all over, not just Illinois, so it’s not a valid class action.
  2. They scammed people so much (by over $5m they say), that it’s the wrong court in which they should be tried, so ditch your claim against us!
  3. They scammed people by so much that the class action lawyer’s fees alone will be $9m so same reasoning as point 2!
Quad Group Sums

Quad Group Sums

Their sums in the above court removal document are in this screenshot.  There are others as well.  Of course, Quad (PWW with a different hat on remember) aren’t admitting any liability at all with this, so my use of the words scamming bastards reflects my personal opinions, not a statement of fact.  These opinions are based on the facts that:

  1. Pacific Webworks acquiesced to all of Google’s demands when sued for illegal trademark usage.
  2. Eborn and others lost their case when sued by the Texas AG when using PWW’s templates*, finance processing and networks to scam folks for millions of dollars.
  3. PWW lost their case when sued by Uncle Sam.
  4. PWW admitted filing untrue SEC accounts and changed accountants twice because of this.
  5. One of the accountants was directly related to a PWW director.

It’s noteworthy that the sum of $43m is derived from one “illegal” charge of ~$80 plus one subsequent charge of ~$25 multiplied across the claimed customer count of ~455,000 persons – because I have evidence from people who’ve contacted this site and others that some people had up to half a dozen illegal account withdrawals before they could put on a stop, which implies that the allegedly scammed amount could be much, much higher.

It’s also noteworthy that Quad’s own suppositional sums show high value amounts from this “business” yet for all this time, no dividends were paid and the only way investors in the company could make money was through share price changes.  If you tie this information to the incorrect accounting and familial accountant/director relationships, plus the fact that PWW is largely the same people as Quad, then collusion looks highly likely over this time period and the SEC will quite possibly be knocking following the conclusion to this class action.

With regard to the SEC, the same SEC filing that revealed Quad’s dubious formation also reveals that;

Our client base includes approximately 30,000 active customer accounts. We rely on the efforts of our internal marketing staff and on third party resellers, including our wholly-owned reseller, TradeWorks Marketing, to add accounts to our customer base. – see SEC Link

Well they can’t both be right, can they, Quad?  Is it 455,892 customers in your sums or is it 30,000 in the SEC filing?

Linkages

Copious links are included in the articles referenced by the site references at the beginning of this article so I haven’t had time to re-reference all the above statements.  But they’re there should you wish to look.

I certainly hope that the Fabian tactics don’t work and that people see them for what they are.

Notes & Addendum

*     Eborn et al used website designs very similar to those provided by PWW.   Whether they were exactly the same is a moot point in my view, because like a burglar who learns to house-break from another burglar, the crow-bar used will not be exactly the same crow bar, but it’s the idea of using a crowbar that’s important to the final act of theft.  In other words templates, like crowbars, are just tools.  Eborn’s websites were almost carbon-copies of those from PWW using all the Visual “tools”, the money processing and the affiliate networks that they “employed”.   Many sites (I had a huge list of them and copied images directly from the site before they locked it down) were partly or wholly hosted on pantherssl.com  via Bloosky.  These co-incidences didn’t happen by chance and show intelligent design behind their purpose.  (Thanks Paul!)

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Porn Sniffing

Class Action Against Pornbrokers

This class action suit caught my eye today from one of my feeds, ClassActionLawsuitsInTheNews.

YouPorn, YouPorn Cocks and YouPorn Gay Privacy Class Action Lawsuit Complaint Filed Over Alleged Internet Browsing History Sniffing

Thoughts

Initially, I thought,

“well that’s tough on those visiting such websites…. they should know what to expect…”

…and other such sentiments.

But then I thought,

“hang on – this technology is used by all websites, and the principle of using vulnerabilities in Java (this time) and other coding as a means to steal user information etc can be applied to all websites that we visit”

It’s not the same as revealing government or business secrets that in an honourable and ethical world should not be secret in the first place, is it?

No it isn’t.

The difference is in the scale of the watching – because the defendants are using Big Brother monitoring techniques for the prime purpose of theft in all its guises.

Notionally, our governments are supposed to “ask the people” by way of an appointed legal authority to do phone tapping etc.  The fact that Wikileaks has exposed our representatives doing the opposite time & time again (amongst other illegal things) only clarifies the difference between the right way of living and the wrong.

If our representatives acted honourably, then there would be no need for Wikileaks, or Amnesty International etc.

And plainly, the class action shows that a whole host of people believe the porno-defendants were not acting honourably at the personal level.  How many people think this?

Well, the class action is asking for relief for, get this……

Each and every United States resident who has visited Defendant’s website in the previous four years.

And that’s one heap of a list of IP addresses. Where will they get that? Hmmm.

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Internet Businesses, Court?

Introduction

roostersThe 9/11 period, (or 11th September in some places), has been interesting of late with regard to internet marketing and litigation as it applies to certain entities not unfamiliar to these pages.

Pacific WebWorks (PWW)

A Randy Guffey is named as the class action plaintiff against the “business” of PWW.  The nature of the suit?

Torts – Property – Truth in Lending

See this link, and more to follow when news filters out.

Jesse Willms

A few quick things around good ol’ lovable Jesse Willms have come out in the last few days.

  1. He’s been feverishly tanking up a blog on “internet ethics”.  See and the daily list of patronising postings from his holier-than-thou-ness.
  2. He’s plopping out yet more feeds about his “business”.  See http://www.prweb.com/releases/2010/09/prweb4486904.htm for instance which starts off with the classic line from Jesse,  “Bad customer service can destroy your business”. Well either that or getting caught for thieving by the copyright owners such as Microsoft and having to fork out millions in damages! That’ll also do it!
  3. He’s now taken to threatening legal action against anyone telling the truth about his activities….  Just small fry mind you.  Not the major TV companies who’ve exposed him, say.  Take Michael Larson of http://www.pyxisstudios.us/public/about-us.html, say.  In this document (link to pdf) from the lawyers Kronenburger, they conveniently provide a list to a host of complaints about SwipeBids (not SwipeActions mind you!).  Well it’s nice to have everything in one place for easy referral isn’t it?

In (3) above, most of Larson’s words are prior comment.  They’re just scare tactics.

Larson has taken this on board.  Cunningly, , has quite a few things to say about all this.  He’s now reminding everyone about the US RICO act.  This means the:

Racketeer Influenced and Corrupt Organizations Act

In light of these facts, we see Jesse Willms actions with more clarity.

Conclusion

Willms is presenting a cleaner and cleaner image of himself to the world, like his charitable donations and continuing deluge of helpful moralising.

Unfortunately for him, the web has a memory, easily called up.  It’s not like having a playground argument where the winner walks away and all is forgotten, because all his weasely ways, frauds and deceptions are there in black and white for all to see with a quick Google search!

He knows what he’s done.  His current disguising actions are just fluff and bluster, because his past is there all the time.

Maybe the RICO act will get him?  Maybe a host of class actions?  He thinks his current penny auction site is an auction, the Government thinks it’s a lottery and should be governed by gaming laws (see RICO act for some of this).  He thinks  he’s being charitable with his money and helpful with his current blogging, we see it as self-serving deviousness.

Pacific WebWorks are being hit by another class action and legal case.  This is another reason why the share price hasn’t risen following the Google cop-out (sorry, agreement).  I wonder how many more are in the pipeline?

Long Lists from These Pages of Willms and PWW Comments

http://strangelyperfect.tv/7108/jobs-at-just-think-media/

http://strangelyperfect.tv/6568/dangerous-effectivecleanse-and-scams-too/

http://strangelyperfect.tv/5146/more-on-google-profits-and-pacific-webworks/

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Hey Google Treasure – The Jig is Up!

Just like Professor Fate in The Great Race – the Jig is Up!

This video is from an Utah TV News station reporting on the recent FTC clampdown on Google Treasure Chest.  Apart from the collapse of the call centre which gave refunds to unhappy people (200 employees is stated, which gives an idea of the scale of the operation), a very interesting thing is to read the comments on the article lower down…

Many are from the call centre operatives who are peeved at losing their jobs.  In fact, they can’t see anything beyond the fact that they’ve lost their jobs.  One, “Laura“, a “single mom with two kids”, says it’s terrible she’s lost her job and she thought everything was leagul (sic). This stands as stark contrast to other former employees who readily admit they knew what was going on and are still laughing at the people who got suckered.
There’s also the tale of “Brandi“, another “single mom of 3 children” without a job who’s had shedloads of cash whipped from her. Bizarrely, Brandi lives in Utah.

Perhaps Brandi andLaura should meet and discuss the pros and cons of greed?

What I see here in those comments is the Nazi camp guard syndrome of people just following orders.  Everyone is blaming everyone else without accepting any personal responsibility and having very low personal morals towards the well-being of their fellow humanity.  This is both the scammers, the scammers’ employees and the scammed.  Those Utahians criticising the FTC should try and remember that the FTC are just applying the law, decided and voted upon by “THE PEOPLE”.  (i.e. “that government of the people, by the people,  for the people, shall not perish from the earth”).

Utah really is a shite place.  A bit like Consett.

My Comment

This is the bit I added to the Utah stuff on Fox13Now:

Pros and Cons – but mainly cons! I first reported on these scammers back in early April – see http://strangelyperfect.tv/3099/google-treasu…
Since then, the scammers have rapidly been modifying their T&Cs, which I’ve dutifully been reporting in later pieces. So @thisisBS is showing a new version of the redtommorrow page – and he knows it, as @Chuck Turner has pointed out!
AS for the call centre lay-offs. Is this true? Will people be able to get refunds? I think people’s best bet is to be lodged into a class action against the scum and to register their names with the FTC to get a share of the $300m that is being claimed back as their “ill-gotten gains” as it says in the charge sheets.

A bigger problem has now been unleashed on the world of course. The google scammers have extensive contacts and shell companies set up in County Durham, UK as well as Gibralter, Phillipines and Cyprus. Although it looks like the heart of the initial explosion of scam filth has been quenched, the shockwave of secondary businesses continues unabated. For evidence of this, just check the junk spam emails in your inboxes….
I get a daily deluge that points back to scam sites with far worse T&Cs than the current redtommorow one in the link above. In fact, they are exactly the same as the Google Treasure Bollox from 3 months ago!

Rees

Hey Professor!  The Jig is Up!

The pie fight from The Great Race, the film with everything.

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