Showing posts with label kimkins class action lawsuit.. Show all posts
Showing posts with label kimkins class action lawsuit.. Show all posts

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.



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

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.