To; Tyran Zaken and Darryl Smith, Mike Abrams, Alan Gee, of Zaken Corporation, To; BBB, usacomplaints.com, FTC, Next will be, - California A G, Small Claims and others;
From; Michael Neal;
Before these to witness;
In “Your satisfaction is my goal” sent to me in Quicksell associate package, You (Tyran Zaken) said for me to let you know of things dissatisfying, here I am letting you know of my EXTREME DISSATISFACTION and I demand things be made right.
Now, here’s a “Zaken’s Commitment to Customers” Zaken Corporation Article posted in “Zaken Scam Truth”, 5-25; It states - “We have worked … to make sure all our customers ARE COMPLETELY SATISFIED OR YOUR MONEY BACK”! - - [I’ll take you up on it! ] - - It goes on to say –“If, for any reason, you have a complaint or feedback about The Zaken Corporation or any of our WORK AT HOME BUSINESS OPPORTUNITIES, we encourage you to contact us and provide details of your situation. We will do everything we can to resolve the matter.” -
I sought to take up Darryl Smith on his promised a total, a full refund in 90 days and beyond, July 9 or so, and early August on the Affiliate program first, He sent me to customer service, whereby things became chaotic and very, very difficult, I explained it to customer service and awaited Darryl busy as he was to get customer service straight with this our special arrangement qualifying the sale, I called and called and called and they sent it to Darryl to handle it. I awaited it to be resolved and yet have no just satisfaction in the least. Later you will see more detail (9 paragraphs farther) but this is only a sampling to the rest of the wrongs uncovered!
R E: 3 transactions, the Quicksell Associate program purchased Jan. 21, received Jan. 25, Order #S450355743 Which couldn’t be worked as it was and it’s upgrade was purchased on Feb. 29, - sent date March 2, did not receive postcards to even work it till April 3, Order # S450359268, and the Quicksell Affiliate program purchased March 21. Sent April 11, &14, Order #S450326611. I have all these receipts, and payment - bank deposit receipts. The Associate program was through mailed to me solicitation, by Tyran Zaken, then an upgrade via Mike Abrams and Alan Gee by phone call solicitation. Then another related Biz Op, the Quicksell Affiliate program solicited by phone through Darryl Smith. For the Original Quicksell associate program I paid $184.73, then, plus an upgrade of $3200.00, then later, the Quicksell Affiliate program, $1700.00, all totaling around $5100.00. Note; It was impossible to have made money for me, in the first 30 days as boasted in the 100% money back advertising statement for the original Quicksell Associate program which was the 184.73 deal, I then got hooked on the upgrade of $3200.00 which proved for me empty, then solicited to add the affiliate for $1700.00 not at all fitting for me, and become of no use, after 80—90 hours working the Associate program that was making not a penny who could I recruit into that? (Recruiting is what the affiliate program is for). But most importantly I need to show what all was done in the following; I was sent / given by Zaken no FTC REQUIRED PRE SALE DISCLOSURE DOCUMENTATION for either Business Opportunity and other responsibilities, - shown further.
In “Your satisfaction is my goal” sent to me in the Quicksell associate package, You (Tyran Zaken) wrote for me to let you know’ of things dissatisfying, here, so I am letting you know of extreme dissatisfaction for deception, unless Darryl Smith KEEP HIS WORD! But that’s only one little part of it, there’s far, far more that’s wrong! And i am sent into financial ruin! Because I was given NO (prior unknown to me requirements of) FTC required pre-sale disclosure documentation for either business Op. And without a 7 or 14 day wait for consideration and consideration of terms / to sign any agreements / contracts, make a payment, nor any other thing listed, required to be disclosed, I was not given these required things, to know exactly what I was getting into! I was taken gross advantage of, and of my inherited extremely hard earned, difficult to save moneys I needed desperately. I was constrained by Alan Gee and Mike Abrams, hurry you’ve got only one day left, if that, to get the Quicksell Associate upgrade to include a website with a 70% commissions program. THIS HURRY WAS DEFRAUDING AND DECEPTIVE, AND THEN given VERBAL SECURITY RECORDINGS AFTER I HAD already DEPOSITED THE CASH, without a date, that I can recall in the recordings, just like Darryl Smith did later. I now think, how crafty. I can now see how the date could be said was before I paid, (but that still doesn’t qualify fully to FTC rules for predisclosure documentation etc.) and later got the Quicksell Associate business material with still little disclosures and terms which was after I paid but again - I was never sent, not just advertisements, but the FTC REQUIRED PRESALE DISCLOSURES, businesses are required to disclose even before the FTC Final Rule of any litigations or a list of verifiable customers validating / witnessing their success with the business, before requiring I made payment with a waiting period 7 -14 days (see specifics on this 4 paragraphs further). And besides the associate program with my 80 to 90 hrs of work after I was set up, after great delays as well, - I made not a penny and I couldn’t get recruits for something that wasn’t working for me, would you?! I had to pay bills this wasn’t getting it, nor aiding me financially, what I got into it for, with big legal problems on me, but was only a big leaching burden anymore.
Then with the Affiliate program there was Darryl’s oral promises of 90 days and beyond for a total refund, then a security recording many days after I made a deposit recording a CONTRADICTORY 30 days of which he said REASSURINGLY, ‘DON’T WORRY I’LL STAND BY MY WORD OF 90 DAYS AND BEYOND, for a full refund no questions asked’, which were the verbal conditions and verbal promise prior given upon which I agreed upon to pay 3-21, the $1700.00 or I wouldn’t have done it. And it was 23 days later that I even got the Affiliate program shown by my receipts. This was before I knew, or was disclosed duly, and was deprived of FTC specifically required PRESALE document DISCLOSURES with terms and the wait time for payment and other requirements being clear and concise! Also all parties agreeing on the same thing in the same sense CIV S. 1580. (Note; even (2a) at the end, of keeping a promise); I made payment believing the 90 days and beyond refund oral agreement with Darryl, then when it came time of such He dropped it and says something never disclosed to me, that I made it too hard for him to fight for me because I did not fulfill a training program. – This was never pre-notified to me, (1), (1a) in terms of any such fulfilling a training program, orally or written of that I had to perform such in order to get a refund at all and if I had such disclosure and of a mere 30 days REFUND POLICY, I WOULD HAVE NEVER EVEN STARTED to begin with! THIS IS denial of just service and ABUSEIVE! By CA Civil Code (CIV) I list below, this is a fraudulent claim of contract, and of fraud due to non – disclosure!!! This warrants full return of all my funds! THIS IS DECEPTIVE, AND IF I HAD KNOWN BY PRE DISCLOSURE I WOULDN’T HAVE GOTTEN STARTED NOR suffered RUIN. This is ill gotten gains if I ever saw it! I was being faithful to those I trusted would be faithful and of a business of integrity. Darryl I called you back countless times, you called me right at a doctor appt. And never called back, it is fraud (2a) unless you keep your promise as you said, correcting this. Maybe the Company won’t let you say anymore – not good! And yes in answer to the “Zaken Scam Truth” - Zaken Corporation article - I am far less than “completely satisfied” and I do want my “money back”. I was being reasonable to the best of my knowledge – but if you are of integrity Tyran Zaken, and Company, you will refund me both programs now. So, yes, I do want all $5100.00 back.
It will show good will and just service if you will duly return all my money I deposited in full back, for the reasons given of Federal Trade Commission business opportunity REQUIREMENTS OF PRE SALE DISCLOSURES, as before said, NEVER SENT TO ME!!! Among other things listed! It will also benefit you (Zaken and Corporation) to make it right.
I am now nearing retiring but with very little, to nothing I’ll have to keep working and about to lose more because this was sorely needed to have somewhere to go to, needing to move out of a foreclosed house with nothing, this is taking gross advantage of me in my necessities and distresses. Darryl Smith knows I needed the funds to move out of my House! See (1) at end as well as the (1a), (2), (3) It is specifically addressed in FTC rules given and California CIV given below.
I have the material proof of Business relationship required, proven by the billing receipts and deposit receipts deposited into Zaken’s Bank of America account. I am noting this here because there’s no exemption for Zaken here, nor from required billing codes because, note well here; as per p. 41 FTC Federal register on – [Billing code 6750.01-S] - the FTC “promulgates the Original Franchise rule in 1978 for business opportunities”. It’s still in effect unchanged such as of 16 cfr 436 (even 436.8.8) up till the Final rule of 3-1 – 16 cfr 437. And no where in the Register is the exemption rule changed in this aspect for the business opportunities in this process of improvement or evolution, (explains the Federal Register referred to here). It even goes back to S. 5 ftc act. I also list other unfair or deceptive acts I suffer or practices in violation of rules even interim rules referring still back to Section 5 of the FTC Act, and rules even up until 16 cfr 437 the final rule 3-1-12. Which I mentioned above of my NEVER Getting presale disclosure documents, revealing the 7 or 14 day, waiting period, and prohibitions of contradictory promises orally etc., litigation histories, and verifiable successful customers to have looked it over really well.By the way, I never got any thing more than puffery of non verifiable people in some advertisings, as I researched that (I was told it was for their own privacy) but FTC code I found says they are to give such. (It took a long time to uncover all these things). One man sought to verify the Associate business actual successfulness for me, but he was a Zaken salesman Mike Abrams, he said he used to live in Merced nearby myself, but again he was the promoter of the upgrade, That would tend to bias wouldn’t it? The FTC rules don’t allow that, it requires more than just one customer local to me! I was caught not knowing. Do yourselves and me a favor, - refund me in full - reverse these wrongs endangering me! Whether mistakes or overzealousness, whatever.
Businesses are required by State law, CIV given at end, and no less than the FTC code to have to provide presale disclosures I mention about, - otherwise people can’t know they have been taken, until after the fact, like I have been taken here! I was given no such presale documentations required and I couldn’t have known that! Need I say it? Zaken was to supply these!
THESE ERRORS, VIOLATIONS AND UNSCRUPULOUS BUSINESS PRACTICES WARRANTS A FULL REFUND OF $5100.00. IF NOT REFUNDED IMMEDIATELY IT IS SUEABLE FOR DOUBLE, OR MORE.
I sought first to get the Affiliate program refunded. But The Associate program warrants full refund as well, for all these reasons. I’ve taken this to Darryl, salesman of the affiliate program for refund, back to July 8 - 10 within 90 days then waited at his suggestion, to give it more time, He said he’d keep his word, so I called end of July early August beyond 90 days at his promise. I got no calls back in the next 3 months and I called at random almost every 2nd or 3rd day with some breaks (I didn’t want to leave too many messages) till Darryl called me and said (something not prior disclosed to me at any time) that I must send the package back, which I did. It was because Darryl was honoring his word, at least so far, against what Customer service told him to do. So I sent back the Affiliate package in December after long delays and delays and delays, to get back to me I mean months, at Darryl’s warning, because customer service wouldn’t tell me this, indicating / proving further the 90 days and beyond was indeed Darryl’s word and also the fact that I received no required pre-disclosures and I understand little delays, but it seems purposed. I’m not so stupid that, if I was given the required pre-disclosure documents and of 30 days terms, I wouldn’t have even gotten started! - Deceptive! But note; Darryl was helping me out in the 90 days and beyond here OK?! This is admission reflecting that fact it was our special arrangement, because if it were 30 days Darryl would not have told me to send the affiliate package back! The problem is maybe Darryl isn’t told of these FTC requirements? And maybe not the Customer service people either, nor of CIV S. 1549 - 1580. Also if it was Darryl’s and my presale agreement of 30 days disclosed to me, and to return the package too, why would I send it back way, way, after?! They can deny all they want, but i never received any of the ftc pre sale required disclosures, that was zakens responsibility to have sent to me presale! Better to refund me isn’t it and show good will and make corrections before all these people I address and will address here? And improve your business.
For some more interesting specifics on the matter; This company has a slick way of looking legitimate, (some of it I think is) which any one would think by such a big building and location and nice people, and their length of time in business. –And mentioned above, Mike Abrams attested to me he is from a nearby town, Merced, and claimed he was successful at this business, but too Bad, I had severe computer problems from another con who sold me bad equipment and did not get the LA BBB report of an F - rating (pre Dec); and Mike Abrams with the others took advantage of my trust, and regarding the Quicksell associate upgrade solicited on me, I was constrained to ‘hurry get in now!!! - It’s possible you can’t get your spot unless you get in now, today, but the next day, even two still worked?! Even with the beginning Associate program having been solicited into the Affiliate program that sells it, the add says be one of the first 100, but you find out full well there’s no real limits to these programs! - Way after the fact of being caught in this already, for me, all this turns out to be, little substance, mostly Puffery, sales tactics and Tiran Zaken and company of faithful workers go along because it is their job, it is the rules, it’s how they make money, but it is deceptive. This hurry was in particular with the Quiksell Associate program, a $3200.00 Upgrade to a website (as said above) and lifetime directory, to fish for, and land wholesalers for their problem merchandise. Some of their business I gather is legitimate but not the HURRY and no wait and no presale disclosure documents stating I have 14 or even 7 days to consider with the upgrade and make payment. I found out later because this was hidden / not supplied to me! Like covering the pit in the path and you fall in. Nor legitimate was the Affiliate program which I sought to be refunded of first! The fraud of the affiliate program is again NO REQUIRED PRESALE DISCLOSURE DOCUMENTS, and of Darryl Smith as stated earlier, that HE WAS REASSURING THAT HE’D STAND BY HIS WORD, and I was to trust him and we had some things in common such as our biblical Faith (may be the company won’t let you keep your word Darryl but this should result in a full refund because none of this is fair to me, nor to Darryl who’s word should be honored by this company. (2a) It seems they don’t intend to keep Darryl’s promise or Darryl doesn’t intend to. What happened to you Darryl? Sorry, I got pretty angry but wouldn’t you? And Darryl’s Word was the condition I bought in on, and not a 30 day refund in contradiction as was LATER recorded in a voice recording he did with me, and note without a date. But you see it was later after i had made the deposit of money. I asked for the 90 days and more to be in writing in the package and Darryl stressed I’ll stand up for you, I will keep my word. I believed He was trustworthy as many have kept their word with me, but didn’t use it for deceiving. But Darryl you said you’d keep your word, NOW, Confirm how true you are to your word, putting it in writing for me that you promised, remember ‘90 days and beyond for a full refund no questions asked’ as you said. You had me send the package back way beyond 90 days, and with it I wrote of that fact. And I’m not smart enough to make all this stuff up, and my friends can witness I have no time nor a practice in deceiving others to devise these kind of vain things. I’d much rather do other things. But the fact still is; THERE WAS NO DISCLOSURE DOCUMENTS GIVEN TO ME WITH THE REQUIRED ELEMENTS BY THE FTC RULE 16 CFR Part 436, and 437, with 7 – 14 days of room etc. I did not hear 30 originally and I was only faithfully and reasonably going by what Darryl sold me in with - 90 days and beyond!!! Unless you keep your word darryl, this is misleading deception (see (2a) california civ s. 1472, actual fraud #4 at end), amoung the other already present illegal activity of no presale disclosure documents explaining the terms!!! (What happened to you, you don’t answer my calls?) If I had known I had 30 days, I would not have gotten into this affiliate program in the first place, and why would I go through all this hassle to straighten this out!
It was great labor to get what I had and now to seek to get it back, not so for Zaken and co. It’s somewhat like the women showing up before King Solomon and Solomon decides to have the baby cut in two. It’s little to no grief, to the hardhearted thief, but the true mother of the child cried out in great pain to save the child, likewise, I’m the one with severe pain now, and I’d be the same if I only got half and they’d still gain by half by ILL GOTTEN GAINS SLEIGHT OF HAND NO SWEAT OR PAIN AND BIG, BIG MONEY! Any honorable judge should see that i have pain, they have drool!!! They had deceptively taken me, taking advantage of my weakness of mind, of (not knowing) nondisclosure, no communication (1), failing requirements of FTC presale disclosure (1a), of dishonest undue influence (2), and a promise not intended to keep or any other practice fitted to deceive (2a), TAKING GROSS UNFAIR ADVANTAGE OF MY NECESSITIES AND DISTRESS (3), (OF NEEDING TO MOVE OUT OF MY HOUSE BEING FORECLOSED)!
There’s no statute of limitations on fraud. It was ZAKENS responsibility to disclose pre sale the FTC required disclosures as repeatedly spoken of here. I’m taking you up on your written “Zakens Commitment To Customers” prior mentioned at the beginning.
Look it up; These programs are fraudulent contracting, even mail fraud, (mail used for fraud) due to several factors above violating (1) California CIV - S. 1565 #3, s. 1575#2, s. 1580. (1a) - FTC rules, S5 FTC Act, 16 CFR part 436 & 437. (2) - California CIV - S. 1567 #3,4. (2a) –S. 1572#4 (3) - s. 1575 #3. Again these are errors and violations of unscrupulous business practices warrants a full refund of $5100.00. If not refunded immediately it is sueable for double, or more.
michael neal date: 7-20
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