Good day. I am writing today in reference to a company there in New York who is engaging in illegal business practices; bait and switch, racketeering, misrepresentation, malpractice and fraud to name only a few. The company is known as USAPhotoNation.com and advertises DVD Camcorders (DVD403) on their website usaphotonation.com product_id=11904 Availabilty: YES — for $499 - $549 of which is a drawing-in, excellent price on this camera. Other companies sell this same item for up to $1,200.
I ordered 4 of these cameras for my customers and paid with my credit card. Soon after my orders, the company contacted me with attempts to pressure me to purchase what they call an upgrade package that costs $250 that consists of video/audio cables, a battery charger, battery and a cd to install software. I told Michelle, Harry, Ron, or Mike, as I believe these are bogus names that I did not wish to purchase the upgrade; just the cameras. I was then told that if I didn't purchase the upgrade that my order would be canceled. I instructed them not to cancel my order but just ship what I paid for. Since I would not agree to purchase the upgrade, the man who calls himself different names as listed above, then said he would charge me a cancellation fee; then when I questioned him on this, he laughed and said ok, I won't charge you a cancellation fee. I told him that what he was doing was illegal and that I shouldn't be charged a cancellation fee, nor forced to buy their package (of which my customers could purchase on their own for about $20-$40 online. I asked for his supervisor, he refused. He belched in my face (over the phone) for about a 10 second interval and repeatedly laughed at me. He hung up on me, so I called back and then Michelle stated that the camera was out of stock for 6-8 weeks. When I asked for their mailing/physical address, I was hung up on.
Another day, I called back again under an anonymous name and asked if I could pay for a camcorder that was advertised on their site by money order. The man, this time, Ron, said I could. When I asked what address to send the money order to, he became tongue-tied and refused to give me an address. He then said he'd need to make out a ticket for me before I sent the money order in. I said ok, let's do this; he then placed me on hold, and then hung up on me. I had changed my voice, so I know this new guy, Ron did not recognize me. I later received many email confirmations that my orders were canceled. I called back another day and spoke to another guy calling himself Jim, where he stated the camcorder DVD403 (the same one) was in stock, so I asked him if I could place an order and send the payment via mail. He said yes, but then refused to give me the address. I then asked who the owner was and he refused to give me that information. He also said that I would be forced to buy the upgrade package because the camera was in Chinese or Malaysian print and I needed to purchase the upgrade in order to read in English.
I then told him that I just wanted the camera alone without the package and that if I was Chinese the language print wouldn't be a problem for me. He stuttered and hesitated, then put me on hold and subsequently hung up on me. I later learned from a customer that ordered the camera thru me that USAPhotoNation.com had contacted him directly and asked if he ordered thru me; he affirmed this and the company told him that they needed to verify his credit card information but that his card would not be charged. They in fact, did charge his Visa and shipped him the camera. They charged his Visa $799. He (Mr. Jim Sullivan, my customer) called me to advise what had occurred. He said he filed a dispute with his credit card company over the unauthorized charge. He was upset and I had to refund all of my customers their moneys back. I had planned to sell many more cameras for the low cost and instead I lost became at a financial loss at about $220 per transaction. It angered me that this company began contacting my customers directly to racketeer them about purchasing the merchandise directly from them.
I contacted the NY Atty General's Office and was advised that their business practices appeared to be a bait and switch, misrepresentation of advertisement, racketeering, and fraud; that their company operations were illegal at least.
I would appreciate your representing me and possibly other duped and defrauded consumers in a lawsuit against USAPhotoNation.com for their causing me financial loss, and their unlawful business operations.
I did a search at the NY Dept. Of State business records and noticed that they are listed under a server of process attorney firm and after I contacted this firm, they advised they could not give out any names or contact information for USAPhotoNation.com that I would have to secure a subpoena in order to obtain this information. I did also contact NY Dept. Of State and spoke to the director of corporations. He stated to me that the company is due in 2006 to disclose the directors, CEO, board members, of the company, and that they were to disclose their physical and mailing address. He stated that in NY State a company can register as a business but they are not required to disclose any company personnel information or their mailing/physical address for 2 years. I commented to him that it appeared anyone can open a business in the state of NY and open a business/corporation to conduct fraudulent business operations, and all they had to do is choose not to disclose any personal information about themselves or addresses within or after 2 years, and that all The Dept. Of State would do is not renew their business license; that they could simply open up a new fraudulent company to conduct unlawful business operations. I asked the director if this made sense to him, or if he thought this was a good policy on part of the State. He stated he did not think it was a good policy but it was the only one they had.
Please contact me ASAP as I would like to pursue a civil, and quite possibly, a criminal action in addition, against the company, and if so, thru a contingency agreement with you—your firm.
I have saved all documentation of orders and cancellations regarding my dealings with this company and can provide these to you upon request. I live in Oregon, thus I am contacting you because I am impressed with your credentials as stipulated on your website. Please call me at your earliest convenience, and feel free to email with any response or correspondence. I am extremely disappointed with this company, and their illegal actions, and the way they have conducted themselves so arrogantly and disrespectfully to me during our phone conversations. This is obviously a shady and illegal business operation.
Also, when a consumer states they don't want to purchase the upgrade package, they also say "Ok, then the camera is out of stock for 6 to 8 weeks". They also say while taunting and jeering the customers/consumers "Yeah you and about 156 other customers are upset too; who cares"? I found this to be totally outrageous! They know they are scamming and defrauding, racketeering and bait & switching consumers, but they just don't care.
Thank you for your posthaste response and your much needed prompt assistance on this matter.
Sincerely,
Kim
Lincoln City, Oregon
U.S.A.
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