Kimkins Class Action Lawsuit: Court Date Set For October 25th, 2010

 The class action lawsuit against Heidi Diaz (center, top right, bottom right in picture above), owner and founder of the Kimkins diet site, is scheduled to go to trial at the Riverside County Courthouse in California on October 25, 2010.

Recap:
Heidi Diaz, also known as Kimmer, claimed to have lost nearly 200 pounds in less than a year and to have maintained her weight at 118 pounds for approximately 5 years. Starting an online dieting site based on these claims she sold memberships to access the plan(s) she created. The site included many success stories accompanied by before and after pictures of amazing transformations, including her own which showed a picture of a young, beautiful woman in a clingy red dress (top left of picture). The success stories seemed too good to be true and, as it would turn out, they were. 

A private investigator, Robert Charlton of Alliance Investigative Services, was hired and discovered that Heidi Diaz was not what she claimed to be. Ex members and concerned citizens, banning together to uncover the fraud, discovered that she had littered her website with elaborate fabricated success stories that she had written herself, taking the before and after pictures from online Russian Bride sites, including the picture(s) she claimed to be her after her weight loss (see woman in red dress, upper left hand corner of picture above). 

Heidi Diaz, having no medical, science, or nutritional background, doled out dangerous diet advice that promoted extremely low calories, laxative use, and anorexic eating behaviors and practices. Members who dared to question "Kimmer," state their concerns on her website, or question the validity of her success stories, found themselves locked out of the site, without warning or reimbursement of their "lifetime membership" fees.

Kimkins received an F rating by the Better Business Bureau: We strongly question the company’s reliability for reasons such as that they have failed to respond to complaints, their advertising is grossly misleading, they are not in compliance with the law’s licensing or registration requirements, their complaints contain especially serious allegations, or the company’s industry is known for its fraudulfent business practices.

*It is estimated that Heidi Diaz's scam netted her well over 2 million dollars.


It would be nearly impossible to site all that has happened since the fraud was first discovered. Below are some links that cover some of what has transpired in the last 3 years.

For More Information:
Kimkins: An Internet Diet Scam
Kimkins: Anatomy of a Diet Scam
The Kimkins Controversy
Kimkins Lawsuit
Kimkins Class Action Lawsuit
Russian Brides: Fake Kimkins Success Stories

Insider Exclusive with Steve Murphy.

Surveillance pictures of Heidi Diaz at the Kimkins Post Office Box

Featured onThe Morning Show: Videos 1, 2, 3, & 4     
Consumer Affairs Report

Google: Kimkins Scam

*Check out the Say No To Kimkins Webring linked at the bottom of this page for even more information.

Kimkins: Notice Of Pendency Of Class Action

Here is the notice that has now been approved by the Court. I will post a copy of the notice including the Judge's signature as soon as it is provided to me.

Please pass this on - forward it to every party you might think remotely interested, including media outlets you think may have an interest in sharing this information. If you are familiar with anyone who joined Kimkins, please direct them to this notice so that as many of the 40,000 people affected by Heidi's little scam as possible will have the opportunity to know they are part of the class and can opt out, preferring instead to allow Heidi to keep their money, or, perhaps, retaining their right to sue her independently.

NOTICE OF PENDENCY OF CLASS ACTION

TO: EVERYONE WHO PURCHASED A MEMBERSHIP TO KIMKINS.COM THROUGH THE KIMKINS.COM WEB SITE (www.kimkins.com) FROM JANUARY 1, 2006 TO OCTOBER 15, 2007

PLEASE READ THIS NOTICE CAREFULLY. YOUR RIGHTS MAY BE AFFECTED BY A CLASS-ACTION LAWSUIT THAT IS CURRENTLY PENDING IN RIVERSIDE COUNTY SUPERIOR COURT, IN RIVERSIDE, CALILFORNIA.

INTRODUCTION

1. On May 20, 2009, the Riverside County Superior Court, located in Riverside, California, issued an order certifying this case to proceed as a class action.

2. The plaintiffs are six individuals who bought memberships to kimkins.com through the kimkins.com Website (www.kimkins.com) from January 1, 2006 to October 15, 2007. The defendants are Heidi Diaz, an individual, and Kimkins (also known as Kimkins.com), a business entity that conducts business in Corona, California.

3. The plaintiffs contend that Diaz and Kimkins.com induced them into buying memberships for kimkins.com through false and misleading information provided on the Kimkins.com Web site. The plaintiffs contend that the defendants violated California Business & Professions Code § 17200, et seq., which authorizes courts to provide relief from unfair, unlawful, and fraudulent business practices. The plaintiffs also contend that Diaz and Kimkins.com violated common law prohibitions against fraud and negligent misrepresentation.

4. This notice provides you with information regarding the litigation, including the plaintiffs’ claims against the defendants and the current status of the litigation. This notice also provides you with information regarding the court’s class-certification order.

THE LITIGATION

The Plaintiffs’ Claims

5. This lawsuit is based on the plaintiffs’ claims that Diaz and Kimkins used unfair, unlawful, or fraudulent business practices to induce them into buying memberships to Kimkins.com. This lawsuit is also based on the plaintiffs’ claims that the false and misleading information contained on the kimkins.com Web site constituted fraud or negligent misrepresentation by Diaz and Kimkins.

6. Here’s a list of the kinds of misconduct that the plaintiffs have alleged:

• that Diaz and Kimkins concocted a false persona, “Kim Drake” or “Kimmer” to sell memberships to Kimkins.com
• that Diaz and Kimkins misled potential members into believing that “Kim Drake” was real by using photos of real women and then falsely claiming that the photos depicted “Drake”
• that Diaz and Kimkins posted lied about “Drake’s” purported weight loss
• that Diaz and Kimkins provided false or misleading information to Women’s World magazine
• that Diaz and Kimkins fabricated 41 “success stories” and published on the Kimkins.com Web
• that Diaz and Kimkins made up celebrity endorsements
• that Diaz and Kimkins misused labels and metatags to steer Internet traffic to the Kimkins.com Website, in violation of the law
• that Diaz and Kimkins misled potential members into believing that they were buying lifetime memberships, when in fact Diaz and Kimkins.com terminated memberships at their whim
• that Diaz and Kimkins intended to mislead potential members and assumed that potential members would rely on her misrepresentations.

The Defendants’ Position

7. Diaz and Kimkins have denied all allegations of wrongdoing and liability, and they continue to deny that they have done anything wrong. Diaz and Kimkins also have asserted various affirmative defenses to the plaintiffs’ claims.

THE COURT’S CLASS-CERTIFICATION ORDER

8. In an order filed May 20, 2009, the Court granted the Plaintiffs’ Motion for Class Certification. The Court certified for class treatment the plaintiffs’ claims for equitable relief, including disgorgement of the subscription fees paid to Diaz and Kimkins by the plaintiffs and the members of the class.

9. The certified class is defined as all individuals who purchased the Kimkins.com diet membership on-line from the Kimkins.com Web site from January 1, 2006 through October 15, 2007.

THE COURT HAS NOT EXPRESSED ANY OPINIONS REGARDING THE MERITS OF THE PLAINTIFFS’ CLAIMS

10. The Court ordered that this notice be provided to advise class members that this case is pending and that the Court has certified the case to proceed as a class action. You should not consider this notice or its mailing to be a statement by the Court that the plaintiffs are right or that their claims will prevail.

INSTRUCTIONS TO CLASS MEMBERS

11. You do not need to do anything to remain a member of the class. If you bought a Kimkins.com diet membership on-line from the Kimkins.com Web site from January 1, 2006 through October 15, 2007—including either of those dates—you are automatically included in the class. Your rights will be represented by the plaintiffs and their attorneys. You will not be personally responsible for any attorney fees or for the any of the costs of this litigation.

OPT OUT OF CLASS ACTION LAWSUIT

12. You have the opportunity to opt out of the class action lawsuit as detailed herein. If you incurred a personal injury as a result of using the Kimkins.com aka Kimkins Diet, you have a right to opt out. Notices to opt must be sent to jtiedt@tiedtlaw.com or mailed to Tiedt & Hurd at 980 Montecito Drive, Suite 209, Corona, California 92879.

WHERE TO GO & WHOM TO CONTACT SHOULD YOU NEED MORE INFORMATION

13. This notice provides only a brief summary of this litigation. For further details, you should take one or both of the following steps:

• Review the documents in the Court’s file for this lawsuit. Many of these documents may be viewed or obtained on-line at the following URL: http://public-access.riverside.courts.ca.gov/OpenAccess/ . You also may review the Court’s file in person by going to the Office of the Clerk of the Court for the Riverside Superior Court, during regular business hours. The Clerk’s office is located at 4050 Main Street, Riverside, California 92501.

• Write a letter to the attorneys who are representing the plaintiffs and whom the Court has appointed to represent the class. Here are their names and their contact information:

John E. Tiedt & Marc S. Hurd
Tiedt & Hurd
980 Montecito Drive, Suite 209
Corona, California 92879

Michael L. Cohen
Michael L. Cohen, a PLC
707 Wilshire Blvd., Suite 4100
Los Angeles, California 90017

Ray Moore
Moore Winter McLennan LLP
701 N. Brand Blvd., Suite 200
Glendale, California 92103-4232

If you decide to contact one of the plaintiffs’ attorneys, please do so in writing. To make it easier for them or one of their staff members to respond, however, your letter should include both your e-mail address and your telephone number.

There are estimated to be as many as 40,000 members in the class. So please, DO NOT CALL THE COURT OR ATTEMPT TO CONTACT THE COURT BY E-MAIL.


DATE: ___________________________, 2009


____________________________________
Hon. _________________________,
Presiding Judge

More on Heidi Diaz and Kimkins:
Kimkins: An Internet Diet Scam
Kimkins: San Diego County Victims Sought
Kimkins Lawsuit: Class Certification Granted
Kimkins Lawsuit: Class Certification Granted ... Again

Kimkins Lawsuit: Class Certification Granted Again

Heidi Diaz portrayed herself as the beautiful woman in the red dress above left.
The real Heidi (in red, center) at one of her depositions. Heidi captured by PI surveillance.

After a stall caused by the bankruptcy filing of Heidi Diaz (which has been dismissed), class certification has once again been granted in the lawsuit against Kimkins, an internet diet fraught with fraudulent success stories and stolen Russian Bride pictures.


More about Kimkins:
Kimkins: Class Certification Granted (the first time)
Kimkins: An Internet Diet Scam
Kimkins: San Diego Victims Sought
Falling For a Diet Scam


Kimkins Videos:
Insider Exclusive
The Morning Show With M & J: #1
The Morning Show With M & J: #2
The Morning Show With M & J: #3
The Morning Show With M & J: #4
Surveillance Footage #1
Surveillance Footage #2
Google: Kimkins Fraud

Kimkims Lawsuit: Class Certification Granted

Heidi Diaz portrayed herself as the beautiful woman in the red dress above. The real Heidi (in red, center) at one of her depositions. Heidi captured by PI surveillance.

In a long awaited decision, class certification has been granted in the lawsuit against Kimkins, owned by Heidi Diaz.

Stuffing her site with false testimonials, fake before and after pictures taken from online Russian dating sites, and lies about having lost 198 pounds in less than a year and maintaining that loss for over 5 years, Heidi Diaz/aka Kimmer, charged those seeking to lose weight a lifetime membership fee to her site. Following a feature in Woman's World Magazine where Heidi Diaz represented herself as one of her many aliases, Kim Drake, membership boomed, as did Diaz's bank account.

Heidi Diaz claimed the above pictures as her after pictures.

Despite Diaz's lack of nutritional/medical training, certification, or scientific backing, claims of the diet's benefits to certain health conditions were made. Members also report being advised by Heidi Diaz to take laxatives and to lower calories to dangerous extremes. Many experienced health issues including heart palpitations, dizziness, nausea, menstrual irregularities, weakness, disordered eating behaviors, and hair loss. Members state that after questioning her advice, voicing health concerns, or stating disbelief over the fake testimonials, they found themselves banned without warning, explanation, or refund of their lifetime membership fee.

Real pictures of Heidi Diaz/aka Kimmer. Pictures 1 and 3 were used as her before pictures.

Headed by the efforts of Jeanessa Fenderson, a lawsuit was filed. Represented by lawyer John Tiedt, class certification was sought on the behalf of all Kimkins victims.

Class certification was granted on January 14th, 2009:

Case RIC483005 - FENDERSON VS DIAZ
Action:

HEARING RE: MOTION TO/FOR CLASS CERTIFICATION * BY JEANESSA FENDERSON
01/14/2009 - 8:30 AM DEPT. 04

HONORABLE MICHAEL B DONNER, PRESIDING
CLERK: L. HALL
COURT REPORTER: T. FOSTER
JEANESSA FENDERSON, KARIN BILLECI, TRISTA ESSEX, HEIDI MARTINEZ, KATHLEEN ROGERS, DIANA SHERBY REPRESENTED BY MICHAEL L COHEN A PROFESSIONAL LAW CORP - JOHN TIEDT PRESENT.
MOTION FOR CLASS CERTIFICATION IS GRANTED.
FORMAL ORDER TO BE PREPARED, SERVED AND SUBMITTED BY COUNSEL FOR PLAINTIFF



*Congratulations and thanks to all those who put (and continue to put) so much time, effort, and energy into uncovering and proving the fraud, providing the evidence needed.

Related posts:
Kimkins Wins Worst Diet Product Of The Year
Kimkins: An Internet Diet Scam
Kimkins San Diego Victims Sought
Falling For A Diet Scam

*Be aware: Heidi Diaz, in the midst of being sued and having filed bankruptcy, has started a new diet site, "Simple Choices Diet.” This is not the same diet that is trademarked and owned by HMR (Health Management Resources) and according to reports they are not happy about the trademark infringement.


source: woman's world apology: http://www.grilledcheesewithpickles.com/2008/02/i-dont-accept-your-apology-womans-world.html
all other sources linked in post.

The Worst Diet Promotions Of 2008

The Slim Chance Awards have been announced, awarding the worst diet promotions of 2008. The Slim Chance Awards are a part of the upcoming Healthy Weight Week which encourages people to live actively, eat nutritionally and normally, and to respect and feel good about themselves and others. "It’s a time to celebrate the diversity of real women, as well as men, and to help them shift focus from failed and risky weight loss efforts to being healthy at their natural sizes. Healthy Weight Week is a time for people to move ahead with a new approach and build confident, diet-free lives for themselves and those they love.

"The 20th Annual Slim Chance Awards are announced at year's end as a lead up to Rid the World of Fad Diets & Gimmicks Day, Jan 20, 2009, Tuesday of Healthy Weight Week (the third full week in January). They expose the widespread fraud and quackery in the weight loss field, and are aimed at helping consumers move on from chronic dieting to improving their lives in more positive and lasting ways.

They are truly the “worst” of the worst of the many weight-loss products and programs that flood the internet, the airwaves, and the pages of print materials in seemingly increasing numbers. Diet quackery defrauds, disables and kills."

And Here They Are:

MOST OUTRAGEOUS CLAIM: Kevin Trudeau infomercials. It’s rare that regulatory agencies look at books, given our free speech laws, but the infomercials for Kevin Trudeau’s weight loss book and his repeated violations were just too much for the Federal Trade Commission, and this past August he was fined over $5 million and banned from infomercials for three years. In “willful efforts” to deceive, Trudeau told listeners they could easily follow the diet protocol at home, even though his book calls for human growth hormone injections and colonics that must be done by a licensed practitioner. The tortured case began in 1998 when FTC charged Trudeau with false and misleading diet infomercials. In 2003 he was charged with false claims; in 2004 he was fined $2 million and banned from infomercials. Again in 2007 a contempt action said he misled thousands with false claims for his weight loss book “in flagrant violation” of court orders.

WORST GIMMICK: Skineez jeans ($139). A new item in the fight against cellulite, Skineez jeans are impregnated with a so-called “medication” of retinol and chitosan, a shellfish product once claimed to cut fat absorption in the stomach (see 1999 Slim Chance Awards). Friction between the jeans and skin supposedly triggers release of the substance, which goes to work on fat when absorbed through the skin. Reportedly a big hit in Europe, the “smart fabric” is also used in lingerie. Ironically, the creators of Skineez, Clothes for a Cause, profess to raise funds for breast cancer and “a wide range of other socially conscious charities.” So while the company hoodwinks women into buying an expensive pair of jeans, it promises they can “do good with every purchase … As our sales grow, so will our ability to help others.” FTC, however, is clear about such gimmicks, emphasizing that products worn or rubbed on the skin do not cause weight loss or fat loss.

WORST CLAIM: AbGONE. Throughout 2008 full page ads assaulted the eye in daily newspapers across the country touting AbGONE as “proven to promote pot belly loss.” Claims are that AbGONE increases “fat metabolism” and calorie burn, promotes appetite suppression and inhibits future abdominal fat deposits. These are drug claims that, if true, would alter the body’s regulation, but unlike drugs, the pills are sold as food supplements not requiring FDA approval. The bold ads feature the obligatory before and after shots of models, cut-away sketches of the abdomen with and without belly fat, and a white-coated researcher with chart purportedly confirming success of 5 times reduction in fat mass, 4 times lower BMI, 4 times greater weight loss than placebo. No added diet and exercise needed – well, except, you may want to heed the fine print disclaimer at the bottom that reminds us “diet and exercise are essential.”

WORST PRODUCT: Kimkins diet. It must have seemed an easy way to get rich quick. Founder Heidi “Kimmer” Diaz set up a website and charged members a fee to access the Kimkins diet, boasting they could lose up to 5 percent of their body weight in 10 days. “Better than gastric bypass,” there was “no faster diet,” and in fact she herself had lost 198# in 11 months. Stunning “after” photos were displayed. In June 2007 Women's World ran it as a cover story, and that month alone PayPal records show the Kimkins site took in over $1.2 million. Then users began complaining of chest pains, hair loss, heart palpitations, irritability and menstrual irregularities. This was not surprising since Kimkins is essentially a starvation diet, down to 500 calories per day and deficient in many nutrients (appallingly, laxatives are advised to replace missing fiber). In a lawsuit, 11 former members are uncovering a vast record of Diez’s alleged fraud. They found that the stunning “after” photos, including one of Kimmer herself, had been lifted from a Russian mail order bride site. According to a deposition reported by Los Angeles TV station KTLA, Diaz admitted using fake pictures, fake stories and fake IDs, and a judge has allowed the litigants to freeze some of her assets.

Want to see past awards? 20 years worth of Slim Chance Awards

Related posts:

Falling For A Diet Scam

Kimkins: An Internet Diet Scam

Kimkins: San Diego Victims Sought

sources:http://www.healthyweight.net/fraud.htm#hww

Falling For A Diet Scam

It seems that everywhere you turn these days there's a new diet, magic pill, or miracle cure for those looking to lose weight. The Diet Industry is big business. Americans spend an estimated 35 billion on diet products each year. But, buyer beware. Falling for a diet scam can end up doing more than just lighten your wallet, it can damage your health, and your emotional wellbeing.

A Consumer Affairs entry by Christine, of Blaine Washington states in her complaint against Kimkins.com "I developed heart palpitations, hair loss and constipation after 2 weeks on this unsafe eating plan. I was encouraged to drop my calories below 500 per day! Luckily I stopped and saw my physician but so many hundreds even thousands of others were not as lucky..."

Rene, of Milwaukee Wisconsin also complains to Consumer Affairs about her experience with Kimkins.com. "I have had a few physical problems resulting from following this diet as laid out specifically by the founder, Kimmer (aka Heidi Diaz). I am suffering from severe and extreme hair loss. I also suffered some emotional consequences, specifically I ended up living an anorexic lifestyle, eating not more than 600 calories a day..all the while being supported, encouraged, and applauded by the kimkins organization. They gave medical and physiological reasons why this was okay to do, why it was to be supported and why I should continue."

Martha of Dearborn Heights, Michigan complains to Consumer Affairs about her purchase of BioSlim. "I ordered the diet pills over the phone they said that they were refundable if no weight loss. I also charged it to my American Express card and would like a refund because the product does not work. The reason I thought they might work is because a doctor recommended them in the commercial."

Educating yourself and researching a product is well worth the effort. Here are some signs that a weight-loss product may be fraudulent:

• claims or implies a large and fast weight loss "fast," “easily," “effortlessly," “guaranteed," or “permanently.”
• uses undocumented case studies, before-and-after photos, celebrity endorsements, or testimonials by satisfied customers.
• refers to studies without giving complete references.
• recommends a diet providing less than 1,000 calories a day.
• prescribes vitamin and mineral supplements, often in excess of the RDA.
• demands long-term contracts and/or advance payment.
• recommends eliminating at least one of the major food groups from the diet.
• states that certain combinations of food lead to weight gain.
• doesn't recommend that consumers with health problems be under the guidance of a physician.

Another way to help avoid falling victim to a diet scam is to check for existing complaints filed by consumers against a diet, or diet product you are considering.

Search the name of the product/or company at the Better Business Bureau.
Check the weight-loss section or search by company/product name at Consumer Affairs.
Check the diet section of the Complaints Board.
Search the internet using terms such as "Name of product here" dangers (or cons, or complaints).

Remember, "If it sounds too good to be true, it probably is."

See also: The Diet / Eating Disorder Connection

Kimkins Lawsuit
Consumer complaints Kimkins: http://www.consumeraffairs.com/scam_alerts/kimkins.html
Consumer complaint BioSlim: http://www.consumeraffairs.com/nutrition/bioslim.html
Signs of a diet scam: http://nutrition.suite101.com/article.cfm/avoiding_fads_and_frauds
picsource: http://www.flickr.com/photos/sodaniechea/7048568277/