Complaint Review: Bridgestone / Firestone - Nationwide

In my efforts to arrive at the truth, I hired a Private Detective to investigate the fact that SD Truck Springs had shipped me a sold, shipped, returned, repackaged and reshipped Firestone Ride Rite Kit. Its website is www.sdtrucksprings.com

The detective located the individual that the kit was shipped to initially, confirmed and has copies of the UPS shipping labels, confirmed and has copies of the packing slip and he interviewed the individual on the telephone. During the conversation, the individual to whom the kit was first shipped confirmed that he ordered and received the kit, opened it, opened the bags of hardware and discovered it was the wrong kit for his truck. He returned it to SD Truck Springs. SD Truck Springs then repackaged that kit, sold it to me as new, and then denied that the kit was not new.

Indeed, everything that I have stated on www.trucksprings.co is factual, and the physical evidence proves that SD Truck Springs did send me a used kit, and then SD Truck Springs’ President, Vincent Davi, with participation from Firestone Industrial Products representative Paul Fessel have attempted to cover that up in its responses to: 1. American Express, 2. The Georgia Attorney General, 3. The New York Attorney General, 4. The Indiana Attorney General, 5. The Long Island Better Business Bureau, 6. The United States Attorney for the Southern District of Georgia, 7. The United States Attorney for the Eastern District of New York, 8. The Indiana Better Business Bureau, The Federal Trade Commission, and all other agencies to which I submitted a complaint.

Visit http://www.trucksprings.co for the full details on what these companies did, and there is now hard physical evidence to support all of my statements.

An update to the http://www.firestone.com and http://www.firestonetire.com  report is available at the link below.

http://www.riderightkit.us

I am the customer, and because I was unhappy that the vendor shipped a used, returned, repackaged and reshipped kit that it sold as new, the vendor has threatened to sue me, the customer.  Astonishing form of customer service.

On July 8, 2015, I ordered the DEI-2550 Firestone Airbag Kit from SDTruckSprings.com for my 2010 Ford F-350 King Ranch 4x4 DRW truck.  I also ordered an air compressor to use for inflation of these airbags via wireless remote.  The total order cost was $630.00 (Six Hundred Thirty Dollars).

The shipment was delivered on July 13, 2015.

I asked a neighbor who is a United States Navy Submariner and a mechanic on a nuclear submarine if he would assist me with installing the airbags and compressor.

July 17, 2015 my neighbor came to my home to assist with the installation of the equipment ordered from SDTruckSprings.com.  As with most expensive items I order on line, I videotaped opening the boxes in the event there was any damage or other issues with the order.

Links to the videos are provided below.

Although I had ordered a new Firestone RideRite Kit, what I received was a resold, used, returned and repackaged kit.

The two videos show my neighbor and I opening the boxes, which provides numerous pieces of evidence that the kit that SDTruckSprings.com sent was obviously previously sold, returned, re-packaged and reshipped.

Immediately after discovering that the kit was used, I spoke with customer service at SDTruckSprings.com and advised them that the product I received was obviously a return and repackaged kit and they appear to have been previously installed on another truck.  After the customer service representative offered his denial, I told the customer service agent that had I videotaped opening the boxes. 

The answer I received from SDTruckSprings.com customer service was, [paraphrased] “Did you video tape someone installing them on another truck?”  My reply, “I don’t believe you just said that.”  He said he would transfer me to a supervisor, and the line disconnected.

The videos are available at the links below: 

SDTruckSprings.com Video 1 of 2 - https://youtu.be/2J6EeEjP5Jg

SDTruckSprings.com Video 2 of 2 - https://youtu.be/N5PrUGXT8pw

I posted these links to the videos with truthful reviews and information on Ripoffreport.com and a number of other consumer review sites, as well as Google and Yahoo Communities.

Having received no satisfactory resolution from www.SDTruckSprings.com, or Firestone, but still needing the Ride-Rite Kit, I purchased the same identical DEI-2550 Firestone Ride-Rite Airbag Kit from Amazon, and received it July 27, 2015.  I videotaped opening the box.  The kit I received from Amazon is obviously a new and never opened kit.  The difference is profound.

Video opening Ride Rite Kit purchased from Amazon –

https://youtu.be/oac2PdhU33c

I filed complaints with the Georgia Attorney General and the New York Attorney General.  The President of www.SDTruckSprings.com, Mr. Vincent Davi sent both Attorney’s General a reply, which arguably deliberately concealed the fact that www.SDTruckSprings.com threatened to file a lawsuit against me, its customer, because of my dissatisfaction.

greenlabholdings.com/_Misc/SD_Truck_Springs_Legal_Counsel.pdf

This was the first time in my 59 years, and in 28 years as an American Express Cardholder that I had to file a dispute with American Express because the vendor, rather than provide customer service, threatened to sue the customer because I expressed my dissatisfaction.

After receiving the letter from www.SDTruckSprings.com attorney, in which he instructed me to only communicate through him and not his client, I received the email below from the president of www.SDTruckSprings.com on July 23, 2015.

………………………….

EMAIL FROM WWW.SDTRUCKSPRINGS.COM

From: Vincent Davi [email protected] Subject: www.SDTruckSprings.com Offer

Date: July 23, 2015 at 4:35 PM To: [email protected]

Cc: Howard S. Koh [email protected]

Dear Mr. Koch,

I have tried several times to contact you via phone with no success or returned call. 

Although Firestone Industrial Products has confirmed that we sent you a new DEI-2550 airbag kit, we wish to have only satisfied customers.  To that end, we are prepared to send you, free of charge, a brand new kit directly from the manufacturer and a complete refund of the entire order, provided you immediately cease and desist from posting any statements or videos regarding www.SDTruckSprings.com or Firestone Industrial Products on the internet and remove any existing statements and videos you have posted on the internet concerning www.SDTruckSprings.com or Firestone Industrial Products. You may keep the DEI-2550 airbag kit we previously sent you or we can pick it up free of charge. If you accept this offer, we will not pursue any further action against you.

Thank you,

Vincent Davi

SDTruckSprings.com

Ph: (631) 983-2984

Toll Free: 1-877-774-6473 ext.102

Email: [email protected]

Web: SDTruckSprings.com

………………………….

MY REPLY TO SDTRUCKSPRINGS.COM:

From: David Koch [email protected] Subject: Re: SDTruckSprings.com Offer

Date: July 24, 2015 at 4:44 PM

To: Vincent Davi [email protected]

Cc: Marilyn Lehrer [email protected]

Greetings Mr. Davi:

As stated in my previous email this week, I had hoped to arrive at an amicable resolution to this matter by today.  However, I received a letter from your attorney via Federal Express yesterday, threatening litigation, and which he states that I am prohibited from communicating with you directly.

Best regards,

Dave

………………………….

Although Mr. Davi of SDTruckSprings.com claims that he had attempted to communicate with me several times prior to his email above, the undersigned has no record of such attempts.

The “offer” from SDTruckSprings.com strains credibility, is disingenuous and fallacious and arguably rises to unlawful extortion.  The threats of litigation and making extraordinary demands of a customer under duress just to receive an appropriate refund are at best, a form of bullying and may arguably constitute extortion.

I videotaped opening the shipment because I’ve been directly involved in the growth of the Internet since 1995.  Aside from groceries, I shop almost exclusively on-line.  I have received shipments in the past that were disappointing.  I simply made it a policy a couple of years ago to videotape opening all shipments.  Video is becoming today’s witness protection to all kinds of events.

I did not accept or even acknowledge the “offer” from SDTruckSprings.com because www.SDTruckSprings.com had numerous opportunities to do the right thing before it shipped a used, returned, repackaged and reshipped kit.

There is also the question about the elephant in the room - Why is SDTruckSprings.com so concerned about the video?  If the kit is new, there should be no concern, but the video proves it was previously shipped, returned, repackaged and reshipped.

Laboratory forensic testing of the kit, which will be provided to the court after SDTruckSprings.com files its lawsuit against the me, will provide conclusive proof based upon a preponderance of the evidence, clear and convincing evidence, beyond a reasonable doubt and beyond any doubt whatsoever that the subject kit was sold, returned, repackaged, and reshipped. 

I am astonished that I have had to go to this level of time and expense because a vendor’s customer service policy is arguably to threaten to sue the customer when it expresses dissatisfaction, or catches the vendor selling used, returned, repackaged, and reshipped equipment that it sold as new.

I question why Mr. Davi of SDTruckSprings.com would offer twice the price, with the demand that I remove my truthful on-line postings under duress of litigation, and with that “offer” reinforce its threat of litigation, and arguably include extraordinary demands that may constitute extortion.  That was not an offer to reach an amicable resolution.  That was a threat. 

Telling a customer that it will only provide a refund if the customer performs some extraordinary service to the vendor under duress is thoroughly inappropriate.  Extortion is not an offer - it is extortion.

Customary customer service and an appropriate refund should never be contingent upon an individual succumbing to extortion, bullying or otherwise being placed under any kind of duress.

I bought a new product.  The evidence is conclusive that the vendor shipped a used, returned, repackaged and reshipped product, and a refund should have been made without question or hesitation, or any extraordinary demands that placed the customer under duress.

If you went to the bank where you keep your money and asked to withdraw some of your money, knowing that the funds were available in your account, you would expect that the bank would give you your money.  However, if the bank stated that it would only give you your money if you first provided a written endorsement of the bank, and would otherwise refuse to give you your money, then that would arguably constitute unlawful extortion.  It would be even more problematic for the bank if that episode were video taped.

If you then reported that appalling customer service and posted your protest, video and dissatisfaction regarding the bank on-line, only to receive a letter from the bank’s attorney threatening to sue you for posting your truthful on-line review, that would arguably be a form of unlawful intimidation. 

If the letter from an attorney was followed with an email from the President of the bank, stating that he would give you your money, but only if you performed extraordinary tasks and favors, along with the implied threat of litigation, that would arguably constitute unlawful extortion, intimidation and unlawfully placing you under duress, only to receive what is rightfully your money.

SDTruckSprings.com has treated me in an arguably identical manner.  I purchased a new product, received a used, repackaged and reshipped product, and SDTruckSprings.com is holding and refusing to give me my money.

www.SDTruckSprings.com knowingly sent a customer a used, shipped, returned, repackaged and reshipped Firestone Ride–Rite Kit that it sold as new.

Making restitution for the monetary amount would resolve the issue of my having paid for a new kit, but having received a used kit. 

Simply refunding the purchase price is a separate and autonomous issue from the deed of having knowingly shipped a returned, used and repackaged kit that it sold as new, which is the basis of the videos and my on-line reviews.

SDTruckSprings.com is not entitled to make the refund for used merchandise contingent upon my removing my on-line reviews and videos, or performing any other extraordinary procedure.  I paid for new kit, was shipped a used kit, and I should receive a refund.

The refund of the defective kit is a single issue, and it does not entitle SDTruckSprings.com to any extraordinary treatment – i.e. removing my truthful reviews and videos.  Making its demands to perform extraordinary procedures under duress as a contingency to refund my money is arguably extortion, which now creates a third issue that is separate from the “deed,” and making the monetary restitution, and arguably more serious.

SDTruckSprings.com created two separate issues initially, and now it continues to create additional issues.  Refunding the money only resolves one issue, and the performance on the appropriate action of a refund cannot be contingent upon the resolution of any other issues.  It is important to note that I did not “create” the information that comprises the on-line reviews.  I am only the messenger.  SDTruckSprings.com created the issue and the information contained in the reviews.

The “deed” occurred when SDTruckSprings.com knowingly shipped the product, not ever considering that the customer might videotape opening the box.  The initial denial that it shipped a used kit from its customer service suggested to me that if I had not videotaped opening the box, SDTruckSprings.com would maintain its position that it shipped a new kit, and all of the damage was caused by me.  Even with clear evidence now, SDTruckSprings.com continues to deny that the kit has been sold, shipped, returned, repackaged and reshipped to the undersigned.

I have been required under duress of litigation to invest significant time and expense defending my position and the fact that I have been victimized by www.SDTruckSprings.com.  In addition to the videos, which show that the Firestone RideRite Kit is used, repackaged and reshipped, there is substantial additional evidence proving the facts beyond any doubt, which has required my time and money. 

Although the amount that SDTruckSprings.com could have settled this dispute by simply replacing the kit, it choose to escalate and exacerbate the matter.  

It appears that Mr. Davi is making a tortured attempt to spin this matter suggesting that he and his company, SDTruckSprings.com are the victims.  The customer is the victim here, who paid for a new Firestone RideRite Kit and received a sold, used, returned, repackaged and reshipped kit.

In its disingenuous reply to the state Attorney’s General offices, Mr. Davi of SDTruckSprings.com appears to be trying to suggest that I somehow decided to seek it out on the Internet, and order a Firestone RideRite Kit, for the sole purpose of manufacturing a claim against www.SDTruckSprings.com.  Nothing could be more ludicrous.  I certainly have better things to occupy my time than engaging a vendor that arguably needs to examine its customer service policies.  Threatening to sue a customer because the customer is dissatisfied is an astonishing policy.

I re-ordered and paid for a new identical Firestone RideRite Kit from Amazon.com, and there is a video opening that shipment, which reinforces my claim by comparison.  The videos and other additional evidence prove my claim that the kit from www.SDTruckSprings.com was sold, returned, repackaged and reshipped.  All of the evidence will be provided at the appropriate time, as a part of the judicial process that www.SDTruckSprings.com stated its intent to initiate. 

The alleged offers to resolve the matter are without merit.  I am the customer, who received a letter from .SDTruckSprings.com attorney threatening litigation, and instructing me to only communicate with him (the attorney and not directly with SDTruckSprings.com.)

A day after receiving the letter from its attorney, SDTruckSprings.com representative, Vincent Davi sent me an email that stated his willingness to offer a refund, but that refund was contingent upon my removing my accurate and truthful on-line reviews and videos, along with language reinforcing its intent to sue me if I would not comply with its demands.  A cursory examination of the legal term “extortion” reveals that the email from Mr. Davi arguably constitutes unlawful extortion.

As a direct result of www.SDTruckSprings.com threats of litigation, the subject Firestone RideRite Kit conterminously became the central evidence in a pending judicial procedure.  It could be unlawful for me, to return that kit to www.SDTruckSprings.com, as it could be considered spoliation of evidence and obstruction of justice. (Emphasis Added).  Given that fact that Mr. Davi is arguably concealing material and pertinent factual information from the Attorney’s General offices, that raises question as to whether or not he would insure the preservation of the evidence for the court if I returned the kit to SDTruckSprings.com.

Mr. Davi of sdtrucksprings.com has now decided that he will refund my purchase price if I first return the kit.  I am not surprised that Mr. Davi of sdtrucksprings.com would like to have possession of the evidence before www.sdtrucksprings.com files its lawsuit against its customer.  That strategy clearly strains credibility.

The reply that Mr. Davi, president of www.SDTruckSprings.com sent to the Attorney’s General offices are misleading.  It appears that Mr. Davi has arguably demonstrated a pattern of being deliberately deceptive in his effort to manipulate an erroneous conclusion.

Mr. Davi has failed to disclose to Attorney’s General offices pertinent and material factual information, and is arguably deliberately concealing material information in his effort to manipulate an erroneous conclusion.  Withholding material information is arguably the same as providing manufactured, fabricated and fallacious information.

If I returned the kit, which was made evidence by SDTruckSprings.com written intent to initiate litigation against its customer, there is no guarantee that .SDTruckSprings.com would preserve the evidence, which could enhance its advantages in court by arguably suggesting that the evidence was misplaced.  

It is important to emphasize that the kit, which is now evidence, was only made evidence by the actions of www.SDTruckSprings.com, expressly because of the threat of pending litigation made by SDTruckSprings.com.

All of the foregoing could have easily been prevented had SDTruckSprings.com simply not sent a customer a used, returned, repackaged and reshipped Firestone RideRite Kit.

Now, SDTruckSprings.com insists on continuing to escalate and exacerbate the matter of simply resolving am issue that it initiated with a customer.

A copy of the foregoing is available in PDF format at the link below:

rosettacoins.com/SDTruckSpringsSummary.pdf

.rosettacoins.com

I am the customer, and because I was unhappy that the vendor shipped a used, returned, repackaged and reshipped kit that it sold as new, the vendor has threatened to sue me, the customer.  Astonishing form of customer service.

On July 8, 2015, I ordered the DEI-2550 Firestone Airbag Kit from www.SDTruckSprings.com for my 2010 Ford F-350 King Ranch 4x4 DRW truck.  I also ordered an air compressor to use for inflation of these airbags via wireless remote.  The total order cost was $630.00 (Six Hundred Thirty Dollars).

The shipment was delivered on July 13, 2015.

I asked a neighbor who is a United States Navy Submariner and a mechanic on a nuclear submarine if he would assist me with installing the airbags and compressor.

July 17, 2015 my neighbor came to my home to assist with the installation of the equipment ordered from www.SDTruckSprings.com.  As with most expensive items I order on line, I videotaped opening the boxes in the event there was any damage or other issues with the order.

Links to the videos are provided below.

Although I had ordered a new Firestone RideRite Kit, what I received was a resold, used, returned and repackaged kit.

The two videos show my neighbor and I opening the boxes, which provides numerous pieces of evidence that the kit that www.SDTruckSprings.com sent was obviously previously sold, returned, re-packaged and reshipped.

Immediately after discovering that the kit was used, I spoke with customer service at www.SDTruckSprings.com and advised them that the product I received was obviously a return and repackaged kit and they appear to have been previously installed on another truck.  After the customer service representative offered his denial, I told the customer service agent that had I videotaped opening the boxes. 

The answer I received from SDTruckSprings.com customer service was, [paraphrased] “Did you video tape someone installing them on another truck?”  My reply, “I don’t believe you just said that.”  He said he would transfer me to a supervisor, and the line disconnected.

The videos are available at the links below: 

SDTruckSprings.com Video 1 of 2 - https://youtu.be/2J6EeEjP5Jg

SDTruckSprings.com Video 2 of 2 - https://youtu.be/N5PrUGXT8pw

I posted these links to the videos with truthful reviews and information on Ripoffreport.com and a number of other consumer review sites, as well as Google and Yahoo Communities.

Having received no satisfactory resolution from www.SDTruckSprings.com, or Firestone, but still needing the Ride-Rite Kit, I purchased the same identical DEI-2550 Firestone Ride-Rite Airbag Kit from Amazon, and received it July 27, 2015.  I videotaped opening the box.  The kit I received from Amazon is obviously a new and never opened kit.  The difference is profound.

Video opening Ride Rite Kit purchased from Amazon –

https://youtu.be/oac2PdhU33c

I filed complaints with the Georgia Attorney General and the New York Attorney General.  The President of www.SDTruckSprings.com, Mr. Vincent Davi sent both Attorney’s General a reply, which arguably deliberately concealed the fact that www.SDTruckSprings.com threatened to file a lawsuit against me, its customer, because of my dissatisfaction.

greenlabholdings.com/_Misc/SD_Truck_Springs_Legal_Counsel.pdf

This was the first time in my 59 years, and in 28 years as an American Express Cardholder that I had to file a dispute with American Express because the vendor, rather than provide customer service, threatened to sue the customer because I expressed my dissatisfaction.

After receiving the letter from www.SDTruckSprings.com attorney, in which he instructed me to only communicate through him and not his client, I received the email below from the president of www.SDTruckSprings.com on July 23, 2015.

………………………….

EMAIL FROM SDTRUCKSPRINGS.COM

From: Vincent Davi [email protected] Subject: www.SDTruckSprings.com Offer

Date: July 23, 2015 at 4:35 PM To: [email protected]

Cc: Howard S. Koh [email protected]

Dear Mr. Koch,

I have tried several times to contact you via phone with no success or returned call. 

Although Firestone Industrial Products has confirmed that we sent you a new DEI-2550 airbag kit, we wish to have only satisfied customers.  To that end, we are prepared to send you, free of charge, a brand new kit directly from the manufacturer and a complete refund of the entire order, provided you immediately cease and desist from posting any statements or videos regarding www.SDTruckSprings.com or Firestone Industrial Products on the internet and remove any existing statements and videos you have posted on the internet concerning www.SDTruckSprings.com or Firestone Industrial Products. You may keep the DEI-2550 airbag kit we previously sent you or we can pick it up free of charge. If you accept this offer, we will not pursue any further action against you.

Thank you,

Vincent Davi

www.SDTruckSprings.com

Ph: (631) 983-2984

Toll Free: 1-877-774-6473 ext.102

Email: [email protected]

Web: SDTruckSprings.com

………………………….

MY REPLY TO SDTRUCKSPRINGS.COM:

From: David Koch [email protected] Subject: Re: www.SDTruckSprings.com Offer

Date: July 24, 2015 at 4:44 PM

To: Vincent Davi [email protected]

Cc: Marilyn Lehrer [email protected]

Greetings Mr. Davi:

As stated in my previous email this week, I had hoped to arrive at an amicable resolution to this matter by today.  However, I received a letter from your attorney via Federal Express yesterday, threatening litigation, and which he states that I am prohibited from communicating with you directly.

Best regards,

Dave

………………………….

Although Mr. Davi of SDTruckSprings.com claims that he had attempted to communicate with me several times prior to his email above, the undersigned has no record of such attempts.

The “offer” from SDTruckSprings.com strains credibility, is disingenuous and fallacious and arguably rises to unlawful extortion.  The threats of litigation and making extraordinary demands of a customer under duress just to receive an appropriate refund are at best, a form of bullying and may arguably constitute extortion.

I videotaped opening the shipment because I’ve been directly involved in the growth of the Internet since 1995.  Aside from groceries, I shop almost exclusively on-line.  I have received shipments in the past that were disappointing.  I simply made it a policy a couple of years ago to videotape opening all shipments.  Video is becoming today’s witness protection to all kinds of events.

I did not accept or even acknowledge the “offer” from www.SDTruckSprings.com because www.SDTruckSprings.com had numerous opportunities to do the right thing before it shipped a used, returned, repackaged and reshipped kit.

There is also the question about the elephant in the room - Why is SDTruckSprings.com so concerned about the video?  If the kit is new, there should be no concern, but the video proves it was previously shipped, returned, repackaged and reshipped.

Laboratory forensic testing of the kit, which will be provided to the court after SDTruckSprings.com files its lawsuit against the me, will provide conclusive proof based upon a preponderance of the evidence, clear and convincing evidence, beyond a reasonable doubt and beyond any doubt whatsoever that the subject kit was sold, returned, repackaged, and reshipped. 

I am astonished that I have had to go to this level of time and expense because a vendor’s customer service policy is arguably to threaten to sue the customer when it expresses dissatisfaction, or catches the vendor selling used, returned, repackaged, and reshipped equipment that it sold as new.

I question why Mr. Davi of SDTruckSprings.com would offer twice the price, with the demand that I remove my truthful on-line postings under duress of litigation, and with that “offer” reinforce its threat of litigation, and arguably include extraordinary demands that may constitute extortion.  That was not an offer to reach an amicable resolution.  That was a threat. 

Telling a customer that it will only provide a refund if the customer performs some extraordinary service to the vendor under duress is thoroughly inappropriate.  Extortion is not an offer - it is extortion.

Customary customer service and an appropriate refund should never be contingent upon an individual succumbing to extortion, bullying or otherwise being placed under any kind of duress.

I bought a new product.  The evidence is conclusive that the vendor shipped a used, returned, repackaged and reshipped product, and a refund should have been made without question or hesitation, or any extraordinary demands that placed the customer under duress.

If you went to the bank where you keep your money and asked to withdraw some of your money, knowing that the funds were available in your account, you would expect that the bank would give you your money.  However, if the bank stated that it would only give you your money if you first provided a written endorsement of the bank, and would otherwise refuse to give you your money, then that would arguably constitute unlawful extortion.  It would be even more problematic for the bank if that episode were video taped.

If you then reported that appalling customer service and posted your protest, video and dissatisfaction regarding the bank on-line, only to receive a letter from the bank’s attorney threatening to sue you for posting your truthful on-line review, that would arguably be a form of unlawful intimidation. 

If the letter from an attorney was followed with an email from the President of the bank, stating that he would give you your money, but only if you performed extraordinary tasks and favors, along with the implied threat of litigation, that would arguably constitute unlawful extortion, intimidation and unlawfully placing you under duress, only to receive what is rightfully your money.

SDTruckSprings.com has treated me in an arguably identical manner.  I purchased a new product, received a used, repackaged and reshipped product, and SDTruckSprings.com is holding and refusing to give me my money.

SDTruckSprings.com knowingly sent a customer a used, shipped, returned, repackaged and reshipped Firestone Ride–Rite Kit that it sold as new.

Making restitution for the monetary amount would resolve the issue of my having paid for a new kit, but having received a used kit. 

Simply refunding the purchase price is a separate and autonomous issue from the deed of having knowingly shipped a returned, used and repackaged kit that it sold as new, which is the basis of the videos and my on-line reviews.

SDTruckSprings.com is not entitled to make the refund for used merchandise contingent upon my removing my on-line reviews and videos, or performing any other extraordinary procedure.  I paid for new kit, was shipped a used kit, and I should receive a refund.

The refund of the defective kit is a single issue, and it does not entitle SDTruckSprings.com to any extraordinary treatment – i.e. removing my truthful reviews and videos.  Making its demands to perform extraordinary procedures under duress as a contingency to refund my money is arguably extortion, which now creates a third issue that is separate from the “deed,” and making the monetary restitution, and arguably more serious.

SDTruckSprings.com created two separate issues initially, and now it continues to create additional issues.  Refunding the money only resolves one issue, and the performance on the appropriate action of a refund cannot be contingent upon the resolution of any other issues.  It is important to note that I did not “create” the information that comprises the on-line reviews.  I am only the messenger.  SDTruckSprings.com created the issue and the information contained in the reviews.

The “deed” occurred when SDTruckSprings.com knowingly shipped the product, not ever considering that the customer might videotape opening the box.  The initial denial that it shipped a used kit from its customer service suggested to me that if I had not videotaped opening the box, SDTruckSprings.com would maintain its position that it shipped a new kit, and all of the damage was caused by me.  Even with clear evidence now, .SDTruckSprings.com continues to deny that the kit has been sold, shipped, returned, repackaged and reshipped to the undersigned.

I have been required under duress of litigation to invest significant time and expense defending my position and the fact that I have been victimized by .SDTruckSprings.com.  In addition to the videos, which show that the Firestone RideRite Kit is used, repackaged and reshipped, there is substantial additional evidence proving the facts beyond any doubt, which has required my time and money. 

Although the amount that SDTruckSprings.com could have settled this dispute by simply replacing the kit, it choose to escalate and exacerbate the matter.  

It appears that Mr. Davi is making a tortured attempt to spin this matter suggesting that he and his company, SDTruckSprings.com are the victims.  The customer is the victim here, who paid for a new Firestone RideRite Kit and received a sold, used, returned, repackaged and reshipped kit.

In its disingenuous reply to the state Attorney’s General offices, Mr. Davi of SDTruckSprings.com appears to be trying to suggest that I somehow decided to seek it out on the Internet, and order a Firestone RideRite Kit, for the sole purpose of manufacturing a claim against www.SDTruckSprings.com.  Nothing could be more ludicrous.  I certainly have better things to occupy my time than engaging a vendor that arguably needs to examine its customer service policies.  Threatening to sue a customer because the customer is dissatisfied is an astonishing policy.

I re-ordered and paid for a new identical Firestone RideRite Kit from Amazon.com, and there is a video opening that shipment, which reinforces my claim by comparison.  The videos and other additional evidence prove my claim that the kit from SDTruckSprings.com was sold, returned, repackaged and reshipped.  All of the evidence will be provided at the appropriate time, as a part of the judicial process that SDTruckSprings.com stated its intent to initiate. 

The alleged offers to resolve the matter are without merit.  I am the customer, who received a letter from SDTruckSprings.com attorney threatening litigation, and instructing me to only communicate with him (the attorney and not directly with SDTruckSprings.com.)

A day after receiving the letter from its attorney, SDTruckSprings.com representative, Vincent Davi sent me an email that stated his willingness to offer a refund, but that refund was contingent upon my removing my accurate and truthful on-line reviews and videos, along with language reinforcing its intent to sue me if I would not comply with its demands.  A cursory examination of the legal term “extortion” reveals that the email from Mr. Davi arguably constitutes unlawful extortion.

As a direct result of SDTruckSprings.com threats of litigation, the subject Firestone RideRite Kit conterminously became the central evidence in a pending judicial procedure.  It could be unlawful for me, to return that kit to SDTruckSprings.com, as it could be considered spoliation of evidence and obstruction of justice. (Emphasis Added).  Given that fact that Mr. Davi is arguably concealing material and pertinent factual information from the Attorney’s General offices, that raises question as to whether or not he would insure the preservation of the evidence for the court if I returned the kit to SDTruckSprings.com.

Mr. Davi of sdtrucksprings.com has now decided that he will refund my purchase price if I first return the kit.  I am not surprised that Mr. Davi of sdtrucksprings.com would like to have possession of the evidence before sdtrucksprings.com files its lawsuit against its customer.  That strategy clearly strains credibility.

The reply that Mr. Davi, president of SDTruckSprings.com sent to the Attorney’s General offices are misleading.  It appears that Mr. Davi has arguably demonstrated a pattern of being deliberately deceptive in his effort to manipulate an erroneous conclusion.

Mr. Davi has failed to disclose to Attorney’s General offices pertinent and material factual information, and is arguably deliberately concealing material information in his effort to manipulate an erroneous conclusion.  Withholding material information is arguably the same as providing manufactured, fabricated and fallacious information.

If I returned the kit, which was made evidence by SDTruckSprings.com written intent to initiate litigation against its customer, there is no guarantee that  SDTruckSprings.com would preserve the evidence, which could enhance its advantages in court by arguably suggesting that the evidence was misplaced.  

It is important to emphasize that the kit, which is now evidence, was only made evidence by the actions of SDTruckSprings.com, expressly because of the threat of pending litigation made by SDTruckSprings.com.

All of the foregoing could have easily been prevented had SDTruckSprings.com simply not sent a customer a used, returned, repackaged and reshipped Firestone RideRite Kit.

Now, SDTruckSprings.com insists on continuing to escalate and exacerbate the matter of simply resolving am issue that it initiated with a customer.

A copy of the foregoing is available in PDF format at the link below:

http://rosettacoins.com/SDTruckSpringsSummary.pdf

http://www.rosettacoins.com

I am learning that SD Truck Springs and its attorney are proffering a defense that is arguably fallacious and disingenuous regarding this dispute and the disputed amount.

SD Truck Springs and its attorney are stating that they offered a refund.  That statement is fallacious and disingenuous.

First, please note in the email from the Firestone salesman, Paul Fessel, (previously submitted) they only offered to send me a bag of bolts – the hardware bag in the kit I received was obviously opened – deliberately, with a knife or other cutting tool. 

Note also that the kit from SD Truck Springs was a box in a box, and the Ride-Rite Kit box contained a packing slip from SD Truck Springs, which confirms that it had the Ride-Rite Kit box opened.  That kit box also had a previous shipping label on it. 

The same identical Firestone Ride-Rite kit that I ordered from Amazon to replace this kit was not opened, and there was no packing slip inside the box.  The kit was never opened after being shipped from Firestone to Amazon.

See opening of Kt from Amazon at: https://youtu.be/_ryRta14LvI

When I called SD Truck Springs about the used kit it sold to me as new, its customer service representative denied that the kit was used, returned and reshipped, or that there were signs that someone attempted to install it on another truck.  When I said that I videotaped opening the kit, the customer service agent said, “Did you videotape it being installed on another truck?”  I just said, “I cannot believe you even said that.”

The customer service agent said he would transfer me, and the line went dead.

Its attorney and SD Truck Springs attempted to fabricate facts.  The letter from the attorney was received, which stipulated that I should not communicate directly with SD Truck Springs, but only through him.  It also alluded to a refund, but contingent only on my removing my on-line reviews and videos of me opening SD Truck Springs’ shipments.

Two days later, a representative of SD Truck Springs sent me an email, making an offer of a refund, but that was also contingent on me removing my videos and on-line reviews, and reiterating its threat of litigation.

Again, I had already received a letter from SD Truck Springs’ attorney stipulating that I should not communicate directly with his client.  My reply to that email was;

“Greetings Mr. Davi:

As stated in my previous email this week, I had hoped to arrive at an amicable resolution to this matter by today.  However, I received a letter from your attorney via Federal Express yesterday, threatening litigation, and which he states that I am prohibited from communicating with you directly.

Best regards,

Dave”

Any offer to refund my purchase or replace the kit that that is contingent upon me removing my on-line reviews is disingenuous.

If a person robs a bank, is then caught and returns the money, then the monetary restitution has been made for the money stolen.  However, the deed of robbing the bank remains a separate an autonomous issue, and it is not resolved by simply returning the money, which only resolves the restitution component.

SD Truck Springs knowingly sent a customer a used, shipped, returned, repackaged and reshipped Firestone Ride–Rite Kit that it sold as new.

Making restitution for the monetary amount would resolve the issue of my having paid for a new kit, but having received a used kit. 

Simply refunding the purchase price is a separate and autonomous issue from the deed of having knowingly shipped a returned, used and repackaged kit that it sold as new, which is the basis of the videos and my on-line reviews.

SD Truck Springs is not entitled to make the refund for defective and used merchandise contingent upon my removing my on-line reviews and videos.  The refund of the defective kit is a single issue, and it does not entitle SD Truck Springs to any extraordinary treatment – i.e. removing my truthful reviews and videos.

SD Truck Springs created two separate issues.  Refunding the money only resolves one issue, and the performance on the appropriate action of a refund cannot be contingent upon the resolution of the second issue.

July 23, 2105 Update – SD Truck Springs threatens litigation.

It appears that when a customer has a complaint with SD Truck Springs, and voices its dissatisfaction on-line, it’s solution is to threaten the customer with litigation for telling the truth.

I received from SD Truck Springs’ attorney via Federal Express on July 23, 2015.  It is attached as a jpg file, and a PDF file can be downloaded at:

greenlabholdings.com/_Misc/_SD_Truck_Springs_Threatens_Litigation.pdf

Despite the assertions of SD Truck Springs attorney:

1. The videos speak for themselves. There are no defamatory statements made, there are truthful statements made.

On-line reviews are very common for on-line vendors, such as SDTruckSprings.com. Truth is an absolute defense. A cursory review of on-line reviews for SD Truck Springs shows a great deal of dissatisfied customers and unflattering comments.

One must question whether SD Truck sues all customers’ who complain, or because there is video evidence supporting my complaint, does this threat of litigation fall under the doctrine of selective enforcement.

2. A sales manager alleged that the kit was new.

3. An email was sent by SD Truck Springs regarding the return of the shipment dated July 20, 2015. Although consideration was made, returning it is problematic as it is evidence of consumer fraud. I continue to believe that the kit was previously sold, returned, repackaged and resold as new.

4. The ability to return the shipment was revised by Firestone’s Sales Manager Paul Fissel, in his email dated July 21, 2015, in which he stated in relevant part: “While outside of our normal warranty remedy, in the interest of your satisfaction we are willing to send replacement hardware for this kit. The bolt bag was split open (perhaps in transit), and nuts and bolts were falling out of the bag. We don’t want to trouble you with taking an inventory of what you have, or what fell out, we’ll send out the entirety of the bolt kit.”

It was evidently decided that the kit would not be replaced, but only the bag, which had been opened containing the bolts and hardware.