Complaint Review: Kors Factory - Internet

I tried purchasing a handbag from what I had believed to be an outlet store on-line.  Immediately after submitting my order, I began to have a feeling that something was just off.  Later that evening, I received an email from "Sarah" that read, "please reply to check your order for one bag. thank you"  Not understanding what they were asking, I replied confirming my order and asking when the product would be shipping.

What really sent up the red flag was when I checked my bank statement and saw that they had charged my account more than what was authorized at checkout.  Then I received the second email from "Sarah" that stated, "Thank you for the reply, and i am sorry the bag you ordered is out of stock right now, so please choose another one, or consider these ones: [6 handbags pictured] anyone you like, please email me, i will change it for you, thank you"

I told my husband that night that I was questioning the validity of this company.  I emailed "Sarah" back and said, "I appreciate the offer, but I am not interested in the other bags.  If you could please cancel my order and refund my account."

Her response was, "It will be ok for you to get the refund, just as the bank needs to verify the payment , so it will take about 60 work days to get the refund, it is a long time, so would you please just choose another one, if you like, i will apply a free gift for you, thank you"

Now I was getting angry.  Not only did they not have the product I wanted and they charged my account more than what was authorized - before it shipped, but now they want me to just "please choose something else" or make me wait 60 days to have my money refunded.  I called my bank immediately to find out what, if any, recourse I could take.  I was told by my bank that I have to allow the "company" 15 days to give them time to rectify the issue, if by then I have not received a refund, the bank will open a claim.

I replied back to "Sarah" and said, "Again, I appreciate the offer, and even the offer of a free gift, but I am not interested in any other bag, nor am I interested in doing business with you.  I am making a second request for you to cancel my order and refund my money.  I have contacted my bank who advised me that I do not have to wait 60 days to be issued a refund.  I was advised that I have to allow you 15 days to rectify this issue and refund my account.  If the refund has not been issued by then, this will be reported as an unauthorized, disputed, and fraudulent charge."

This time it took her 2 days to reply with, "I have told you as the bank need to verify the payment, so it will take about 60 work days for the refund, so are you sure you like to wait so much time?"

I told her again, I would like the refund.

This morning, I opened up the internet on my phone, which automatically loads the last page I visited to find this: 

Michael Kors, L.L.C. v. The Partnerships and Unincorporated Associations Identified on Schedule “A” – Case No. 14-cv-1823 

NOTICE TO CONSUMER

This domain was previously held for the sale of alleged counterfeit Michael Kors products. Control of this domain has been transferred to Michael Kors, the rightful owner of the MICHAEL KORS Trademarks, pursuant to a temporary court order. Michael Kors took this action to protect the Michael Kors brand and the consumer from unknowingly purchasing counterfeit products.  The websites listed in the complaint are not affiliated with the genuine Michael Kors brand.  Michael Kors and its counsel cannot provide any additional information regarding any orders placed with any of the websites. 

To purchase genuine Michael Kors products, please visit MichaelKors.com.  

If you believe that you have been victimized by the online store that formerly used this domain, and you used a credit card for your purchase, we suggest that you request a refund from your credit card company by calling the telephone number on the back of your credit card or on your monthly statement.  In addition, you have no obligation to send counterfeit products back to the Defendants or to pay any shipping or restocking charges if you decide to send counterfeit products back to the Defendants.

If you would like to provide additional information regarding your purchase, please email [email protected] and include information such as:

• Website name
• Product(s) purchased
• Date and amount of purchase
• The name of Defendants’ company as it appears on your credit card statement
• Payment type (e.g. Visa, MasterCard, Western Union, etc.)
• Addresses provided by the Defendants to return products
• Email correspondence with Defendants
• New websites or domain names operated by Defendants

You may not receive a response, but any information will be very useful for continued anti-counterfeiting efforts.

NOTICE TO DEFENDANT

The defendants operating the Defendant Internet Stores listed in Schedule A to the Complaint are hereby advised: 

  

Plaintiff has charged Defendants with violations of United States federal and state laws prohibiting trademark infringement and counterfeiting.  A copy of the Complaint and other legal documents may be obtained from Plaintiff’s attorney, Greer, Burns & Crain, Ltd., attorney [at] gbcinternetenforcement.net, 312.987.2928, and on this website.  See links below.

Defendants are advised to seek legal counsel. 

Complaint (VIEW / DOWNLOAD PDF)

Schedule A (VIEW / DOWNLOAD PDF)

Motion for Temporary Restraining Order (VIEW / DOWNLOAD PDF)

Memorandum in Support of a Temporary Restraining Order (VIEW / DOWNLOAD PDF)

Temporary Restraining Order (VIEW / DOWNLOAD PDF)

Motion for a Preliminary Injunction (VIEW / DOWNLOAD PDF)

Memorandum in Support of Motion for Preliminary Injunction (VIEW / DOWNLOAD PDF)

Notice of Motion for Preliminary Injunction (VIEW / DOWNLOAD PDF)

Preliminary Injunction (VIEW / DOWNLOAD PDF)

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