Class-Action Lawsuit

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OKCjonny
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Class-Action Lawsuit

Post by OKCjonny » Oct 3rd 2002, 5:08 pm

I am officially done. I am through waiting for my double charge to be credited...I am through waiting to recieve my DVDs. Another Universe, no matter how you look at it, has ripped us off. The have stolen from us. We paid money for a product that we didn't receive. Another Universe has not contacted me regarding anything. I have not been told there is a delay in my order. I have not been told I was double charged. This message board is not a proper venue for customer support, but its the only place to get any inforamtion. Another Universe has all of our contact information, yet they have not expressed the common courtesy to keep us informed. I gave Another Universe $100 in exchange for a DVD which I have no received. They then TOOK an additional $90 without my permission and still have not given it back, even after 4 phone calls and 2 months of waiting. This is fraud, no way around it. They have collected money for a product they have NOT delivered. That is fraud. They have knowingly taken unapproved funds out of my checking account and not refunded it. This is fraud. I am now suing. I have spoken to a lawyer, and he says it sounds like a class-action lawsuit may be an option. That is where we(all the ripped-off) sue as whole. It allows us all to get justice at once, as opposed to trial after trial. Anyone of you who has paid money to another universe, and not recieved your product may participate. Additionally, anyone who was double or triple charged, and not recieved a refund, may participate. If there is adequate interest, I will provide contact information for the attorney willing to represent us.

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james_bond_007
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you need a lawyer :)

Post by james_bond_007 » Oct 3rd 2002, 5:14 pm

:lol: better watchout though this person Mr Jason will blame you.and think you are posting under aliases lol.
Maybe I should hire him, he sounds like a good associate. ? not

he would be dis barred on his first try for ethics violations lol sorry jason. no offense


seriously why is everyone so teed off.?

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Natasha (candygirl)
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Post by Natasha (candygirl) » Oct 3rd 2002, 6:15 pm

Uhh, Jason isn't a lawyer so it will be pretty hard for him to be disbarred.

Gee, why is everyone so teed off? Because this forum used to be FUN and now whenever I log in there are new messages from the same people complaining about the same thing.

Why else are they teed off? Because AU STOLE money from their customers, some of which has not been returned.

I could go on and on, but wait - we've already discussed this about 436,826,540,251 times already. Pick a thread, any thread.

wend74
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probably gonna start a fight!!

Post by wend74 » Oct 3rd 2002, 6:35 pm

ooh its like that julia roberts movie!!
argh i'm sooooo sick of people whining
i know the double charge etc sucks but hey why don't we ride it out this month when we get to november (past any kind of vaguely promised dates) we should all have said product, and hopefully this will all get sorted out .( if not then whine and whinge away!!)
ok maybe i'm being super optimistic but hey optimism is severely lacking on this whining forum right now!!
i'm being the positive brit here ok?
so lets stop being so very american about it and stop threatening lawsuits!! its so like a movie its almost funny "ooh you didn't tell me junk food would make me unhealthy i'm gonnna sue you " " you took on a project without thinking hard enough about how huge it would get and screwed up somewhat i'm gonna sue you"
sorry guys i know this is going to start a huge backlash of grumpy messages but i'm so sick of all this complaing
just be british about it like me and and wait patiently! we'll get them in the end and i'm sure in time you will all get your refunds too.
ok i probably shouldn't post this at all but what the hell i'm too far away for you to do me any real damage!!
it sucks that its taken so long and it sucks that so many of us are out of pocket but........just think what we'll have at the end of all this.....i think it'll be worth all the aggro
Wendy

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Re: probably gonna start a fight!!

Post by andrewgd » Oct 3rd 2002, 7:42 pm

wend74 wrote:so lets stop being so very american about it and stop threatening lawsuits!!
Well, I'm all for waiting. I'm American as well. But, if things don't get figured out by the end of this month, and we all get compensated for the time, effort, and money stolen from us by AU (and I don't just mean refunding the money they've stolen) then I'm all for taking a suit against them, if its worthwhile.

Its also very American for companies to severely screw over their customers. It happens time and time and time again. If customers don't make the companies own up to their mistakes, they'll just keep doing it and doing it and doing it. There comes a point where its all worth fighting for because if we don't, it'll happen more and more.

So definitely keep this board informed as to what would be involved in a suit, if nothing happens by the end of this month.

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EmmBee
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Post by EmmBee » Oct 3rd 2002, 7:43 pm

I think it's a little early for a class action lawsuit, since I believe that AU does intend to follow through with the product. However, I do agree this has to be the worst customer service nightmare I've ever been through. If I wasn't so desperate for the DVDs, I'd have cancelled my order long ago.

I too have been double charged, and have been through 3 phone calls. Over a month later, still no credit. This is inexcusable. On my last call, when I threatened to report them to my bank, I was as much as told that I might get a double refund if I did so, and then my order would be CANCELLED. Since I have one of the 2500 limited spots, that is the last thing I want to have happen.

Somehow I think the people telling us to calm down about it are NOT the people who had 80 or 90 dollars unexpectedly taken from their checking account. If anyone wants to spot me my missing 80 dollars, I'll be happy to pay them back when AU refunds me. We'll see how calm you are about it then.

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sid_barrett
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Post by sid_barrett » Oct 3rd 2002, 8:00 pm

im just glad the set is finally being made. sure its taken a long time but hey...what are you going to do. i signed th petition long ago (#1816) thinking it wouldnt even come this close to reality. if you sue, that might screw every thing up even more. yea, it sucks you got double billed, and the company is doing every thing backwards, but calm down. itll all work out. :wink:
"...and I said ' oh, oh, oh, oh, oh, oh, oh, what a feeling'"

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Post by Jason R » Oct 3rd 2002, 9:51 pm

The one morsel of good news is that BMG has pressed the discs and now we are just waiting for the sets to be assembled (at BMG).

However, this doesn't excuse waiting for weeks for a refund of a double charge. I really don't know what their deal is with that. I gotta give you guys credit though, you are a heck of a lot more patient than I am. You can ask AU to back me up on that.

I do think that there should be some makegood offered to people who were doublecharged. I know that Ross has considered some things as well, so let's see what he does.

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Re: you need a lawyer :)

Post by Jason R » Oct 3rd 2002, 9:54 pm

I know that OKCJonny is not posting under aliases. He has had a legitimate problem with your company. It is only you, and I can tell because I've read fingerpaintings that were more enlightening than your idiotic posts.

Go back to posting on otceagle.com, you bozo.
james_bond_007 wrote::lol: better watchout though this person Mr Jason will blame you.and think you are posting under aliases lol.
Maybe I should hire him, he sounds like a good associate. ? not

he would be dis barred on his first try for ethics violations lol sorry jason. no offense


seriously why is everyone so teed off.?

neppie
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Post by neppie » Oct 3rd 2002, 10:19 pm

I know we're tired of the whining but I must pipe in. If I had this level of customer (dis)service for any other product I would have been raising Cain long ago. However, I REALLY want the DVD set. They've got me by the balls at the moment.

I wonder how many like me will continue overlooking the overcharges once the DVDs have arrived (assuming they will). You'd think it would be in AU's best interest to settle those ASAP to avoid that backlash.

Has AU has even considered since the pre-order many have replaced or cancelled their cards? They won't be able to process refunds this long after initial charge, even if they wanted to. Were they banking on that? I fall into this category, but am afraid to give AU my new card number. Consdering their record I figure they're more likely to charge again than to issue a credit.

Incidentally, I have had some experience as a manufacturer marketing direct-to-consumer. A larger than usual order volume CAN cause logistical problems in manufacturing and shipping. However, billing is the easiest part. Even a major screw up like a double charge could and should easily be corrected. It is no more difficult to process 4,000 records than 4. The whole fiasco really makes me wonder if we haven't been taken. If that turns out to be the case you can be sure this won't disappear quietly and whoever is ultimately responsible won't get away clean.

We're still MSCL fans, after all, ... we don't forget.
Last edited by neppie on Oct 3rd 2002, 10:37 pm, edited 3 times in total.

andrewgd
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Post by andrewgd » Oct 3rd 2002, 10:32 pm

Jason Rosenfeld wrote:I do think that there should be some makegood offered to people who were doublecharged. I know that Ross has considered some things as well, so let's see what he does.
I just hope to god that it isn't only an opportunity to buy another special from them before anyone else.

I'd be satisfied with a good $25 gift certificate, or the equal money. I'd assume that a gift certificate would be better for Ross, cause it would mean that we'd come back to his site, and if that transaction went well, we'd be more willing to go back to the site in the future.

But if its for anything less than $25, I'm sure almost NOBODY will even dare even enter their address in thier browser, for fear of getting severely screwed up the @$$ again.

Cate
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Post by Cate » Oct 4th 2002, 4:24 am

andrewgd wrote:
Jason Rosenfeld wrote:I do think that there should be some makegood offered to people who were doublecharged. I know that Ross has considered some things as well, so let's see what he does.
I just hope to god that it isn't only an opportunity to buy another special from them before anyone else.

I'd be satisfied with a good $25 gift certificate, or the equal money. I'd assume that a gift certificate would be better for Ross, cause it would mean that we'd come back to his site, and if that transaction went well, we'd be more willing to go back to the site in the future.

But if its for anything less than $25, I'm sure almost NOBODY will even dare even enter their address in thier browser, for fear of getting severely screwed up the @$$ again.
:roll: Not quite sure I'd be willing to go through anything remotely like this again. :(

Cate
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Post by Cate » Oct 4th 2002, 4:34 am

Jason Rosenfeld wrote:
I do think that there should be some makegood offered to people who were doublecharged. I know that Ross has considered some things as well, so let's see what he does.
:idea: Personally I think Ross should send the doublecharged folks a free MSCL Tshirt! And how about free shipping? :wink:

Just please, dear God, don't send AU gift certificates. :roll: (Sorry Ross)

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Mold E. Peaches
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Post by Mold E. Peaches » Oct 4th 2002, 12:39 pm

Cate wrote:
Jason Rosenfeld wrote:
I do think that there should be some makegood offered to people who were doublecharged. I know that Ross has considered some things as well, so let's see what he does.
:idea: Personally I think Ross should send the doublecharged folks a free MSCL Tshirt! And how about free shipping? :wink:

Just please, dear God, don't send AU gift certificates. :roll: (Sorry Ross)
I think everyone should get a free freakin t-shirt since we've waited this long AND the new information of it appearing on Amazon.com for much cheaper than we paid....I just feel so violated right now. I was so excited as I ordered this set for my boyfriend for a gift, and I haven't been able to produce it yet. I told him he was getting something special/limited edition, but now evidently any idiot can go on Amazon and get the very same copy that we do. Just kinda hurts my feelings a little for being lied to about AU being the "EXCLUSIVE" vendor for this product....

rainydayjanes
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Post by rainydayjanes » Oct 4th 2002, 1:21 pm

I guess if a class-action is the way you want to go, something to think about (which, if you've actually talked to a lawyer, I suppose you probably have) is that the amount of money you (or we) would be suing over here (per person) could work out to be less than what a lawyer charges per hour. I have no idea what kind of money we're talking about in the aggregate, and, of course, if the lawyer is willing to work on a contingent-fee basis, that's also different... but I suspect filing a class-action suit in state or federal court would be more money and hassle than it's worth in strictly economic terms. If that turns out to be true, then it becomes a question of how pissed you are and how badly you want to stick it to AU. I can certainly sympathize with that... Anyway. I'm not saying it's a bad idea. It just might not be as simple as it looks. But, again, that's not necessarily the only consideration, particularly when there's so much justified ill-will directed at AU over their poor handling of the overcharges.

In any case, I certainly wouldn't refuse a t-shirt or some other "Let us make it up to you" from AU. (But I definitely vote for a T-shirt rather than a gift certificate--I can't say I'm eager to do more business with AU, but then again, I don't buy a whole lot of movies, anyway.)

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