Where do I start? It sounds like a whole slew of us has been ripped off by this company. I waited for what seemed like forever to get my check, writing them several times over the last 6 months and finally received a check in the mail. I deposited the check and was ecstatic to be done with this. Today I looked at my bank statement and wouldn't you know it, the check bounced. Not only do I not have my money, but I have to pay to cover THEIR rear ends. I am NOT happy.
I spoke with a representative of the Consumer Protection Agency offering legal advice on the matter. The rep mentioned the following:
If you are in the same boat and received a check that bounced:
1. Google "California Civil Code 1719" for fraud information in the State of California.
2. Write a letter stating the amount that you are owed plus damages. You can file claim for three times the amount they owe you, plus bounced check fees, plus the amount they actually owe you, which totals about 4 times what they should have paid in the first place, as long as it is below $1500. If it is above that cap, then you can file claim for that amount.
3. Send this document via certified mail to the address of the company that defrauded you.
The rep said that while this is pending, you can file a claim with the San Diego small claims court: (http://www.sdcourt.ca. Gov/portal/page? _pageid=55,1424399&_dad=portal&_schema=PORTAL)
It only costs about $30 to file a claim and $10 to serve the papers via certified mail.
Problem?
A.) You have to have a REAL address and not a PO Box or fictitious address for the company otherwise the item will be returned because nobody can sign for the document in that case. I have yet to see a REAL PHYSICAL address for Promo Models.
B.) You also need to know either the Corporate name of the business (the name Promo Models is quite obviously fictitious) or the actual owner's name in order to file suit against them. I have called numerous people in the San Diego County system to try to get information about whether someone filed for a "fictitious business name" or whether they can put me in contact with anyone who can do some more sleuth work.
I have scoured the internet, exhausted my resources with the County of San Diego, and am contemplating getting the FBI involved since this company is practicing this fraudulent behavior in multiple states. If anyone has any information on this company's corporate name, the EIN, or the Owner of this company, it will make this a great deal easier for the rest of us to get our claims answered. Or better yet, we will actually have the ability to file a class-action suit in that scenario. I for one do not appreciate being taken advantage of. Please tell me you all want to stand up for yourselves as well!
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