UPDATE: Kimkins Class Action Lawsuit Verdict

Kimkins founder, Heidi Diaz, faced the decision of the Riverside County Courts of California today, losing the case against her in a certified class action lawsuit filed by ex-members of her fraudulent diet site.

The details are emerging:

• The courts found in favor of the plaintiffs on all points. 
• Heidi Diaz's (aka: Kimmer) assets have been frozen. 
• In addition to the judgement of 1.8 million dollars there was an additional $500,000 in punitive damages awarded. 
• Injunctive relief: she can not lie to promote her diet. She cannot use fake testimonials, success stories, or photos. 
• Diaz must put a disclaimer on any website she develops (including non-weightloss websites) explaining that she has lied, used fake testimonials, misled, and used deceptive practices. 
• She is required to post a disclaimer stating the dangers of low calorie diets and the possible side effects.
• A permanent restraining order was issued prohibiting any form of contact with any of the plaintiffs, class members, their families, lawyers, and/or staff. 

Official Notice From John Tiedt, lawyer for the plaintiffs:

Today, October 29, 2010, Judge Rick Brown of the Riverside County Superior Court entered a verdict for the plaintiffs in a certified national class action lawsuit. The court entered a verdict against Heidi Diaz the owner of the diet website Kimkins.com for fraud and false advertising. The court awarded the class members restitution in the amount of $1,824,210.39. The court also awarded an additional $500,000 in punitive damages as well as attorney fees. The court then issued a temporary restraining order to freeze all of the assets of Ms. Diaz. 

Most notably, the court also imposed an injunction requiring Heidi Diaz to post on all of her websites that: (1) she lied about her weight loss; (2) she lied about her after diet pictures; (3) she lied about testimonials on her website; and (4) she lied about the photographs used with the testimonials to promote the Kimkins website.

An injunction was also issued to prevent Heidi Diaz from contracting, harassing or cyberbulling the plaintiffs and the witnesses. A formal judgment will be entered before November 19, 2010. 

The original complaint was filed over three years ago on October 15, 2007. I want to thank everyone who supported the class action lawsuit. The Ducks were wonderful. I met a lot of great people and made a lot of new friends fighting for a good cause. Heidi Diaz lied on her website and made the fatal mistake of lying in the courtroom. You cannot trust Heidi Diaz. I anticipate more legal (illegal) maneuvering by Heidi Diaz to evade the judgment. We will be prepared and I will be relentless. Again, I thank all you. 


John E. Tiedt
TIEDT & HURD


*please note: Mr. Tiedt refers to "ducks" in his statement. If you are unaware of what is considered a duck, it is everyone who worked together tirelessly to expose the fraud, the lies, and provide tangible evidence to support the case. 

If you are unfamiliar with the Kimkins diet scam you can find more information here: Kimkins Info



thanks to MomtoEli for the information

Kimkins Class Action Lawsuit: The Verdict Is In!

It's been 3 years in the making but today the verdict is in. Excellently represented by John Tiedt, of Tiedt and Hurd, Carona California, consumers saw the results of their patience and hard work as the courts ruled in their favor to the tune of 1.8 million dollars in the class action lawsuit against Kimkins/Heidi Diaz.

Details to follow as they are available.


*If you're unfamiliar with the history of Kimkins/ Heidi Diaz you can find more information here: Kimkins Class Action Lawsuit

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: San Diego County Victims Sought

If you were a victim of Heidi Diaz's Kimkins Diet Scam and you reside in San Diego County, or know someone who does, your help is needed.

Calling San Diego County…
by kimkinslawsuit

"If you were a victim of the Kimkins scam and you live in San Diego County, you can make a major impact in stopping Heidi Diaz’s Kimkins scam. Please contact me at kimkinslawsuit@yahoo.com or contact John Tiedt at jtiedt@tiedtlaw.com for more information."

"If you are a former or current Kimkins member, you can still help by spreading the word to any San Diego County resident who joined Kimkins."

For More Information on Kimkins Diet Scam:
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
Law Offices of Tiedt and Hurd
Google: Kimkins Scam
View the latest report: Insider Exclusive with Steve Murphy.
For a transcript of the report: Grilled Cheese Sandwich With Pickles


Sources: http://kimkinslawsuit.wordpress.com/
pictures: http://www.slamboard.com
http://2medusa.blogspot.com/

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/