Complaint Review: Alyon Technologies

Well, its been a long two months since I received a bill from Alyon Technologies. I had hoped to exact a little justice out of the Company through a novel claim, but it appears that I may have been "spitting into the wind." This quote comes from my local District Magistrate (who presides over small claims court). Before taking the extraordinary step of filing my complaint, I spoke to the District Magistrate and explained the situation. (I wouldn't advise anyone else doing this, as Magistrates are very busy and he took my call as a courtesy to a fellow lawyer.) Well, the magistrate was very understanding and saw my point that Alyon is truly a despicable company, but his non-binding advice was that my damages would not be recoverable before his court.



Certainly I was disappointed, but better to find out now then after I had filed a lawsuit, and risked a countersuit. Still, the fight against Alyon goes on and here are some closing thoughts:



(1) First, kudos to gregory again for all the great work;



(2) Second, for all those who receive a bill, like mine, with a phone number that is registered to someone else -- Alyon, at least in my case, did forgive the charges. Still, as was the basis of my lawsuit, I do not think that a totally innocent party should have to go through the hoops set out by Alyon to have the charges forgiven.



(3) Little or no attention has been given to the Telephone Disclosure and Dispute Resolution Act. This federal Act is why Alyon had to establish any procedure at all to allow "consumers" to dispute its bills. Nevertheless, the Act has many deficiencies and needs to be updated for the Internet era (it was originally passed in response to the rise in popularity of "900" phone numbers in the late 80s). Moreover, the penalties under the act are grossly inadequate. You can read more about the Act on the FTC's website (search around, its there). Make sure Alyon follows the requirements of the Act to the letter!



Good Luck!!

As established in the above "Update" from John in PA, Alyon Technologies has some connection to Seminole County, FL, and all disputes against Alyon Technologies must be resolved in Seminole County.



I suggest contacting the Florida Attorney General's New (censored)Hotline at 1-866-9-NO-(censored) (1-866-966-7226)and report problems with Alyon.



In a January 15, 2003, news release the Florida Attorney General's Office said, "The Attorney General emphasized that any consumer who has been a victim of (censored)should take advantage of this new and valuable resource."



Florida should know that these (censored)artists are operating in Seminole County.

Well folks, looks like the 'ole full court press is on Alyon now. Hopefully, the FTC and the FBI are cracking down on Alyon at this very moment! Nevertheless, my own travails with the company continues, as follows:



(1) Last Thursday, February 27, I received a letter back from Alyon, written by the woman who has claimed to be Alyon's COO. Below, I have reproduced excerpts from her letter in quotes, plus my responses. Once again, I have withheld this woman's name in the interest of privacy.



The invoice you received was not an intentional attack on you. I was simply a case of a billing error. The efforts you have expending and the procedure you were requested to follow to correct the error was not designed to target individuals.



I do not believe that I have ever claimed that the bill was an intentional attack. Moreover, my prior letters and certainly my third and final notice indicate that I am not threatening a lawsuit against Alyon due to intentional conduct, but due to negligent conduct.



Not only is the matching of Automatic Number Identification information to the telephone line subscriber information the essential component of the Alyon billing methodology, it is the foundation upon which every telephone company in the United States bases their billing. If in fact you are questioning Alyon's methods and practices, please be aware that you are likewise challenging the validity of telecommunications billing in general.



Once again, I must stress that I am not challenging the use of Automatic Number Identification in general. Rather, I am challenging the way in which Alyon uses Automatic Number Identification, and specifically, the procedures that Alyon has established to determine when a mistake in the ANI system occurs. Moreover, it is wholly appropriate that one standard might apply to phone companies, while a completely different standard might apply to secondary users of telecommunications technology such as Alyon. Accordingly, while it might not be negligent for a phone company to require consumers to prove up the facts that I was required to prove to Alyon, it is my contention that it is negligent for Alyon to require consumers to do so.



Consider that a consumer who receives an erroneous bill from the phone company should have a reasonable idea who the bill is from and who to contact to resolve a discrepancy. By contrast, a consumer who receives a bill from Alyon is likely to have never heard from the company. Moreover, given that it will be clear that Alyon's bill is related to services provided on the World Wide Web, a consumer may be reluctant to even visit Alyon's website, for fear of incurring additional charges. Finally, it cannot be denied that the nature of the services that Alyon bills for is relevant. In effect, Alyon puts consumers in the position of proving that they are not viewers of salacious content. Consumers might be reluctant to seek the necessary assistance to resolve the bill for fear that others will suspect that they really did view the dirty pictures after all.



In fact, it is not Alyon, but Verizon to whom you should be sending your bill for lost wages. It is Verizon who did not update their database when your telephone number was changed.



First, Verizon has told me that a third party company is responsible for establishing the database. Moreover, even if the errors are the responsibility of low-paid, non-union data entry clerks at Verizon, my claim against Alyon is still valid. Understand that I am not claiming that it is negligent to use ANI/number databases simply because they may contain mistakes. On the contrary, I am claiming that, given Alyon's knowledge that mistakes occur, it is negligent to establish a process for declaring bills invalid that puts the burden of proof on consumers. While I sympathize with Alyon's desire to guard against individuals who seek to make false claims of incorrect billing, it is simply unacceptable, in my opinion, to use its current procedures to guard against this practice. Also keep in mind that, as discussed in my third notice, the information required to dispute Alyon's bill if the phone number was wrong does not (to my knowledge) appear on Alyon's website.



Like most reasonable entities, Alyon views the prospect of frivolous lawsuits as an unfortunate reality of selfish individuals. Your desire to test your mettle as a young attorney, by pouring your efforts into demanding unreasonable recompense for what is essentially an unintentional billing error, is in our opinion, a waste of the court's valuable time. In closing, I can assure you that this will be our last communication.



First, let me state that I am a little surprised at the tone of this last paragraph. True, I have made some emotional comments on the ripoffreport.com website, but I have never resorted to personal attacks. Pointedly, I hope it is clear that I have refrained from posting Ms. X's and Ms. Y's names on the ripoffreport.com website out of a respect for their privacy and I will continue to refrain from doing so. In my view, my claim is strictly business, and I hope Alyon will treat it this way in the future.



In addition, I do not view this as a frivolous lawsuit. Moreover, should a lawsuit be necessary, I intend to bring this matter before my local District Magistrate (also known colloquially as small claims court). This is the very forum in which a small matter such as this is appropriately brought and tried. Accordingly, should a lawsuit be necessary, I will explain the matter to the court before filing, and if the District Magistrate believes that the lawsuit is appropriate and that Alyon is subject to suit in Allegheny County, Pennsylvania, I will continue on with the lawsuit.



With respect to the amount of the lawsuit, never once has Alyon requested any verification as to the amount of my wages. The figure was based on the amount that my current employer bills for my services ($95.00 per hour). The amount of time was based on a very low estimate of the time it took me to resolve the bill. I find your charge that I seek unreasonable recompense particularly offensive when I consider some lawsuits that are filed in the courts these days (the recently dismissed action against McDonald's comes to mind) . I intentionally chose a low figure that was grounded in verifiable facts because this case is not about a selfish individual seeking to cash in. (How far does $665.00 go today, anyway?) No, this lawsuit, should it occur, is about principle: I simply desire to prevent Alyon from doing to others what it has done to me especially those who might not be in as good a position as a stubborn, young attorney to challenge their bill.



(2) Notwithstanding my attempt at eloquent prose above, I have not yet sent this letter, or my third and final notice, to Alyon technologies. (However, given my prior conversation with the COO's assistant, it is likely that someone from Alyon will read this letter on the ripoffreport.com website.) My biggest concern at this point, given the inflammatory and outrageous language in the COO's letter to me, is that Alyon would attempt some type of retaliatory lawsuit against me. I fear that Alyon's resources would outstrip the righteousness of my cause. I have sought guidance from my co-workers, also attorneys, and they all believe that my claim against Alyon has merit. However, I am also going to seek additional guidance before I decide whether to push on.



(3) There continues to be some doubt expressed in posts as to whether Alyon is actually located in Secaucus, N.J. To the best of my knowledge, Alyon is located there--at the 1 Harmon Plaza address.



Good Luck

Well, lots of interesting developments lately:



(1) Since I have decided to push forward with my lawsuit, I attempted to reach Detective David Cheek to see if he could suggest who I should be suing. Although I did not get to speak to the Detective, I left him a long message explaining my situation and the fact that I was asserting a claim against Alyon for lost wages.



Moreover, I stated that if he had determined that Alyon's billing system was incapable of mistakes, that my situation proved otherwise. Later that day, Detective Cheek left a message on my answering machine, to the effect that I could call him back if I had additional issues to discuss; he was, in my opinion, courteous and professional.



The next day, I attempted to reach Det. Cheek about three times, but got his answering maching each time (I left no messages this time). I called Detective Cheek one last time on the morning of Febuary 14, 2003; In that call, I advised the Detective that I was moving ahead with my claim for lost wages, and that if he had any additional information regarding who I should sue that he should contact me to set up a time to speak (since I was having trouble getting a hold of him). I have not heard from the Detective again.



(2)Then, also on February 14, 2003, there was a message on my answering machine from a woman claiming to work for Alyon Technologies. (In the interests of privacy, I am withholding this woman's name.) She stated (I am paraphrasing) that a mistake had been made in my case, and that I had erroneously been sent a bill for services that someone else incurred from Alyon. She did not mention my claim for lost wages. She also left the general Alyon number, if I had any further questions. Of course, I did.



(3) On February 15, 2003, I called the general Alyon number and asked for the woman; suprisingly, I was transferred to someone claiming to be the assistant of the woman who had called me. The assistant and I had a conversation for approximately 10 minutes. I first told the assistant that I did not appreciate Alyon calling me at my residence--as I had never given Alyon my number. She said that the woman who called me was Alyon's Chief Operating Officer, and that Alyon had a right to investigate me because I was posting things about Alyon on (you guessed it) the ripoffreport.com website. So, in case you were wondering, Alyon, in addition too (hopefully) the FTC is reading your (and this) report(s)!!!



Well, I could tell we were not going to resolve the matter. Moreover, the assistant claimed that Alyon would be charged approximately $20.00 per response to respond to each and every report on this website. I have attempted to contact Ed Magdenson on this issue, but he has not replied to my email. If that is in fact the case, I encourage Alyon to reply to my report and I will write off the $20.00 out of my claim for $665.00 in lost wages! Finally, I discussed my claim with the assistant; as I suspected, she was incredulous that I would make such a claim. Well, I told them to pay up, or I was going to file a lawsuit; and if they ignored the lawsuit, my claim might rise to over $3000.00 or more by the time I throw in attorney fees and penalties and court costs!



(4) On Saturday, I sent a letter to Alyon, via certified mail and regular mail, to request that Alyon no longer contact me via the telephone and that all further correspondence between Alyon and myself occur via U.S. mail. I also notified Alyon that if they did not pay me by February 19, 2003 (the time period set out in my second letter to Alyon) then I was going to send a third and final notice. In addition, if Alyon does not pay me within 10 days of receiving my third and final notice, I will immediately file a lawsuit.

I believe Alyon is a Corporation that is actually from outside the US, France or Montreal area of Canada. I think all the phones and addresses in US are just a shell game. If they are a NJ Corporation, then you should be able to serve the Agent of Record for the Corporation, which will have to be in NJ.

Just wanted to update my report with a few reflections on the new reports that I have been reading:



(1) Thanks so much for all the updates and research that everyone has been doing, I think we are closer than ever to having a clear picture of what Alyon does and how they do it, even if we are yet to discover "where" Alyon is (if in fact it technically "is" anywhere).



(2) It looks like there is a lot of repetitious research going on--this may be because of the volume of reports submitted to the rip-off report and the difficulty of compiling all the threads of pertinent information. I emailed Ed Magedson of Rip-off Report a few weeks ago and stated that there should be a summary of the facts of this case with the relevant addresses, phone numbers and such that always stays on page 1 of the Alyon reports. Ed thought this was a great idea and I hoped to put something together. Unfortunately, I haven't had the discipline to do this; Accordingly, if anyone out there is willing, (perhaps "R" from Illinois) I encourage you to put together a "dossier" on Alyon, and then email it to Ed the Editor's email address, and explain what the email is for. Although I am very thankful for the rip-off report, the current structure of the Alyon database makes it difficult for those who have been victimized to benefit from our collective efforts.



(3) Finally, with respect to my personal situation, I received confirmation that Alyon received my second letter on January 21. It appears that Alyon generally sends a second notice about 30 days after the first, so that would be February 6, in my case. I have filed a complaint with the FTC, but have heard nothing back from them. My hope is that Alyon sends me a letter informing me that the charges that I received were in fact erroneous; however, if I never hear from Alyon again, I will probably drop the matter (does anyone have any opinion on this?). On the other hand, if Alyon sends me a second notice, I am going to pursue the claims set forth in my letter, post haste. In which case, I will need to know where to serve a complaint on Alyon (Georgia?, New Jersey? Seminole County, Florida) and where I can execute on some of its assets, if there are any!!!!

Well, here it is, my second letter to Alyon. My report has been relegated to page 3 or 4 by now, which I guess is good and bad news (bad, in that people are still getting ripped off; but good that they are using this website to get Alyon shut down). Anyway, I don't know if the claims in the letter below are enforceable, but I wanted to try it anyway. I just mailed this out on Wednesday, so I haven't heard from Alyon yet, and I haven't received my return receipt back yet.





John --------------





VIA CERTIFIED AND REGULAR MAIL

Alyon Technologies

P.O. Box 923299

Norcross, GA 30010-3299



January 13, 2003



RE: billing telephone number: (412) --- -------.

account number: AL---------------.

amount disputed: $63.57.



To Whom It May Concern:



Please find enclosed a copy of a letter from my local phone service provider (Verizon) which states that the billing telephone number referenced above is not billed to me. In fact, the billing telephone number is registered to a couple whom I do not know and who live at a residence that is located a few miles away from my residence.



I discovered these facts by calling the billing telephone number, explaining the circumstances to the individual who answered my call and requesting his name, address and the name of his local telephone service provider. I then confirmed this information with both the individual's local telephone service provider (MCI) and my local telephone service provider. (MCI would not provide me with a letter because I am not one of its customers.)



Despite the representations on your website (www.alyon.net) that my bill is valid because the billing number and address were confirmed using the latest telecommunications technology, I have demonstrated that my bill was clearly invalid, erroneous, and possibly (censored). Moreover, I believe, and will inform the appropriate authorities, that Alyon has established and relied on a system for billing its customers that negligently and perhaps (censored)creates erroneous bills.



Clearly, the fact that a bill has been sent to someone (me) who has no connection with the billing telephone number (see attached letter from Verizon) is strong and compelling evidence that Alyon acted negligently. Alyon's conduct may rise to the level of outright (censored)if it can be shown that Alyon knew or reasonably should have known that its billing system had significant shortcomings. Consequently, I believe that the validity of ALL of Alyon's bills has been called into question.



In my case, Alyon's negligent billing practices have caused me to spend considerable time and money in order to resolve this matter. Although some of my damages are clearly intangible (loss of faith in one's fellow man, for example), my other damages are more concrete: I missed a total of seven hours of work* (at a rate of $95.00 per hour) while I attempted to resolve this matter. I had no other choice but to miss work because my normal work hours coincide with the only time when I could reach the customer service representatives at Verizon and MCI; I needed their help to gather the information that proves that my bill from Alyon is invalid and erroneous. Accordingly, I am demanding that Alyon reimburse me in the amount of $665.00 for my lost wages which were incurred due to and caused by Alyon's negligent billing procedures.



If Alyon does not reimburse me for my $665.00 in lost wages via a cashier's check or money order within 30 days from the date it receives this letter, I may enforce this demand by seeking a judgment against Alyon in Allegheny County, Pennsylvania District (small claims) Court, or any other court which has appropriate jurisdiction. If necessary, I will have the judgment transferred to a jurisdiction in which Alyon has tangible assets and execute on such assets. If I must resort to legal action to collect my lost wages from Alyon, it shall also, in addition to the $665.00 for my lost wages, be liable for any court costs and any reasonable attorney fees that I or my attorney shall incur in obtaining and executing on the judgment.



In addition, Alyon shall, within 15 days of its receipt of this letter, take all necessary steps to ensure that no further correspondence (which purports to hold me liable for the charge disputed here) be sent to my residence (----------------------------------------------------------------------). If I receive such correspondence after the 15 day period described herein has expired, I will charge Alyon a $300.00 per item fee to dispose of such correspondence. Such charge applies regardless of whether the correspondence is sent by Alyon or its agent or any related entity. Alyon will be deemed to have accepted this charge upon my receipt of such correspondence. The $300.00 charge shall be enforceable in the same manner and subject to the same terms as my claim for lost wages.



Notwithstanding the above, the $300.00 per correspondence charge shall not apply to: (1) any correspondence from Alyon to me which accompanies a cashier's check or money order in satisfaction of my claim for lost wages; or (2) any correspondence from Alyon to me which solely concerns any objections Alyon may have to paying my claim for lost wages.





Sincerely,





John --------------



Cc: Verizon

Mike Fisher, Attorney General, PA

www.ftc.gov

I ended up wasting 10 dollars to do a public records search on Alyon last night. Basically, I came up with the Secaucus, New Jersey address and one new address and a few new phone numbers. Here they are:



Alyon Technologies

1 Harmon Plaza

Secaucus, New Jersey

(201) 865-0214 ------------This may be the NJ Call Center??



Alyon Technologies Inc (I assume this is the same company!)

(((REDACTED)))



WORD OF CAUTION---I have not called either of these numbers, so do so at your own risk!!!



Three additional thoughts:



(1) I read Alyon's disclaimer (i.e. the terms it says we agreed too) last night and found a couple of interesting things.



(a) it requires users of the adult service to agree to resolve any disputes arising from the contract in Seminole County, Florida (unless your state says such clauses are prohibited); this could be because: (i) Alyon has some physical presence in Seminole County (which is right next to Orange County--where Orlando is located); and/or (2) Seminole County/Florida has laws that are very favorable toward a company like Alyon.



(b) it states at the top of page 2 that "if you are under 18 years of age, you are not permitted to access these entertainment services or enter this website." Then, underneath that, it lists a number of statements that you are said to have made (implicitly) by clicking on the "ok" button. One of these statements is: "Under penalty of perjury, I swear and affirm that as of this moment, I am an adult of at least 18 years of age or 21 in certain states . . . " One might argue that someone under the age of 18 could not be bound by such affirmation because, by the terms of the disclaimer, such person is not even permitted to access the site. Its kind of a paradoxical situation--like did the chicken come before the egg, but it may be something to point out in your dispute letters to Alyon. And don't worry too much about that perjury bullshit--remember Pres. Clinton. Lawyers put that crap in to scare people. Then again, not that you should ever commit perjury!!!



(c) it states that payment is due 10 days after the invoice is received, but I received my invoice on Jan 6 and the payment was due 6 days later on Jan. 12. Perhaps these internal inconsistencies can be used to cast doubt on the entire document.



(2) I have replied to some individual consumers to see if they would be interested in giving anonymous interviews to the media. I thought a good place to start would be the local television news in the Secaucus area. For example, they could do an anonymous television interview with someone whose child accessed the site and then do a 60 minutes/Michael Moore type confrontation at the Alyon office in Secaucus. It seems that local news stations really like this type of stuff and it would attract attention to this case. Moreover, I think the case of a minor accessing the site would most "shock the conscience" of the community. It may be a long shot, but I am willing to make a few calls to the Secaucus area if anyone is interested Please reply to my report if you would be interested. (Although I found my particular circumstances "shocking" as well, I believe the most "sensational" and "damning" part of this is, frankly, the minor issue.



(3) Finally, I am certainly no techie and can barely log on to my computer through AOL, but Alyon's FAQ at www.Alyon.net does purport to explain how to remove all the necessary files from your computer so you do not dial the service again. There is also much helpful info in the rebuttals on the rip-off report. As always, you need to use this info at your own risk and contact a techie friend if you can!!!



That's all for now!!

This whole incident is giving me a little bit of the insomnia so I guess I am going to post the letter I sent today (Jan. 8). Also, I wanted to say thanks to the fellow reporter who has replied to my report. And I wanted to clarify that no one has been negative to me for posting the complaint. In fact, finding the rip-off report website has been the only positive part of this whole experience. And so, without further ado, my first letter to Alyon:



Alyon Technologies

P.O. Box 923299

Norcross, GA 30010-3299



January 8, 2003



To Whom It May Concern:



I am writing to dispute a charge that was mailed to my address (-------------------- Pittsburgh, PA ---------) by Alyon Technologies (hereinafter Alyon). I received the bill on January 6, 2003.



The billing telephone number is: (412) ---------.

The account number is: AL-----------.

The amount disputed is: $63.57.



I am disputing the charges, first and foremost, because the billing telephone number is not registered in my name. In fact, the number is registered (through MCI) to another couple, whom I do not know, and who live a few miles away from me.



I contacted my local telephone company, Verizon, and it confirmed to me that the billing telephone number is not registered in my name. Verizon is mailing a letter to me today stating that the billing telephone number is not in my name, and I will forward that letter to Alyon as soon as I receive it. I am mailing this letter out today in order to dispute the charge before it becomes, according to Alyon, past due.



I also want to advise you that I will be forwarding Alyon an invoice for the time and effort it took me yesterday morning to resolve this bill. If Alyon does not pay me for my time and effort within 30 days from the date it receives my invoice, I may contact an attorney in Secaucus, New Jersey. I will authorize such attorney to obtain a judgment against Alyon for the amount of my invoice (and any attorney fees) and to execute against any assets Alyon may have in New Jersey.



Sincerely,



John ------------------