Complaint Review: Mobley Phillip Fentress - southaven Mississippi

This complaint is in reference to harrassing and threatening emails being received by Duane ****, TheFedoraStore.com, 220 N 5th St., Custer, SD 57730 (((email redacted))) sent by Phillip Mobley. 8786 North Creek Blvd. , Bldg. 8 Apt. 4. Southaven, MS 38671 under email addresses [email protected]; snd [email protected]. Below, please review the email history of this case, and how it was escalated by Mr. Mobley. I have included some reference to cyberstalking and threatening of slander. Law enforcement agencies estimate that electronic communications are a factor in from 20 percent to 40 percent of all stalking cases. Forty-seven states now have laws that explicitly include electronic forms of communication within stalking or harassment laws. State laws that do not include specific references to electronic communication may still apply to those who threaten or harass others online, but specific language may make the laws easier to enforce.

Resources from the U.S. Department of Justice provide additional information on cyberstalking:Internet Safety: Cyberbullying and Cyberstalking and Cyberstalking: A New Challenge for Law Enforcement and Industry. What Are Defamation, Libel and Slander? Generally speaking, defamation is the issuance of a statement about another person, which causes that person to suffer harm. Slander involves the making of defamatory statements by a transitory (non-fixed) representation, usually an oral (spoken) representation. Libel involves the making of defamatory statements in a printed or fixed medium, such as a magazine or newspaper. Typically, the elements of a cause of action for defamation include: A false and defamatory statement concerning another; The unprivileged publication of the statement to a third party (that is, somebody other than the person defamed by the statement); If the defamatory matter is of public concern, fault amounting at least to negligence on the part of the publisher; and Damage to the plaintiff.

In the context of defamation law, a statement is "published" when it is made to the third party. That term does not mean that the statement has to be in print. Damages are typically to the reputation of the plaintiff, but depending upon the laws of the jurisdiction it may be enough to establish mental anguish. Most jurisdictions also recognize "per se" defamation, where the allegations are presumed to cause damage to the plaintiff. Typically, the following may consititute defamation per se: Attacks on a person's professional character or standing; Allegations that an unmarried person is unchaste; Allegations that a person is infected with a sexually transmitted disease; Allegations that the person has committed a crime of moral turpitude; While actions for defamation have their roots in common law, most jurisdictions have now enacted statutes which modify the common law. They may change the elements of the cause of action, limit when an action may be filed, or modify the defenses to an action for defamation. Some may even require that the defendant be given an opportunity to apologize before the plaintiff can seek non-economic damages. If we determine that slander is carried out as threatened, on the internet, or otherwise, we will be forced to take further necessary legal action.

Please review the email history concerning this complaint below:
From: Mobley, Phillip Fentress [mailto:[email protected]] Sent: Thursday, November 11, 2010 6:52 PM To: HatsAmerica Subject: RE: Customer Feedback for TheFedoraStore.com As human beings go, you are the worst type of arrogant and obnoxious piece of trash. I think so much of you that I will be blogging about your business practices and doing whatever I can to bring your business practices to light. Your customer service is atrocious and lacks professionalism. Your demeanor is sadly less than what a bird leaves on a tree branch. Be warned that I plan on making your place of business one to be avoided at all cost. Unfortunately for you, you do not know who you are dealing with. Let this be your last time we communicate, for your sake.

From: Mobley, Phillip Fentress [mailto:[email protected]] Sent: Thursday, November 11, 2010 8:08 AM To: HatsAmerica Subject: RE: Customer Feedback for TheFedoraStore.com Oh, and by the way, I placed a complaint with the Better Business Bureau about your company. Yey! From: HatsAmerica (((rmail redacted))) Sent: Thursday, November 11, 2010 9:04 AM To: Mobley, Phillip Fentress Subject: RE: Customer Feedback for TheFedoraStore.com Yey Thanks, Duane ****

From: Mobley, Phillip Fentress [mailto:[email protected]] Sent: Thursday, November 11, 2010 8:03 AM To: HatsAmerica Subject: RE: Customer Feedback for TheFedoraStore.com Thanks, but I put a stop payment on the transaction. We are done. From: HatsAmerica (((email redacted))) Sent: Thursday, November 11, 2010 9:00 AM To: Mobley, Phillip Fentress Subject: RE: Customer Feedback for TheFedoraStore.com We received an authorization, but your card was declined for security measures by our system, and we have not taken any money, and we will not. Your bank should tell you when they will release the authorization. Thanks, Duane **** . Thanks, Duane **** Lets get this understood. I am not going anywhere until I know where my money is. I will be more than happy to go away. But only after my funds are returned. An authorization code was presented by your company to my bank. They approved the withdrawal of funds because your company authorized it. Thats what an authorization is. Either I get my money or I will take further legal action. I either need the authorization to be processed and the item shipped to me or refund my authorized funds back to my account. As long as my bank has authorization meaning the funds are promised or have been reserved for your company. A temporary hold does not mean that at some point they will deny the authorization. There is no need because at the time of the transaction you were given authorization to receive my money. Understand?

From: HatsAmerica (((email redacted))) Sent: Wednesday, November 10, 2010 5:53 PM To: Mobley, Phillip Fentress Subject: Re: Customer Feedback for TheFedoraStore.com Please, if you would realize that an authorization is just that, not a collection, not a transfer, etc. We tried to explain it well and nicely to you until you got rude. Yes, we agree, you should go away now. Contact whomever you like, but we still recommend that you contact your bank first. When contacting the BBB, you will probably need to refer to a transaction conducted with us, and there is none. From: Mobley, Phillip Fentress Sent: Wednesday, November 10, 2010 4:40 PM To: HatsAmerica Subject: RE: Customer Feedback for TheFedoraStore.com Did you do what I suggested? My bank has a temporary hold on the funds. This does not mean however, that you dont have them. You do. You have a clear authorization and that should be sufficient for this or any transaction. I will make this my last request on this matter and once this is resolved I will never use your company again and I will inform everyone I know of your practices. You have handled this situation atrociously. Customer service is a right, not a privilege and yours has been the worst that I have come across in a long time. Your attitude has been intolerable and thats unfortunate for the company you work for. Please know that I will be contacting the Better Business Bureau about this situation. Sincerely, Phillip F. Mobley

From: HatsAmerica (((email redacted))) Sent: Wednesday, November 10, 2010 5:14 PM To: Mobley, Phillip Fentress Subject: Re: Customer Feedback for TheFedoraStore.com Oh, YOUR BANK has a hold on the funds. Money has not been transferred. From: Mobley, Phillip Fentress Sent: Wednesday, November 10, 2010 3:25 PM To: HatsAmerica Subject: RE: Customer Feedback for TheFedoraStore.com You are saying you have no record of an authorization 378215 being issued? Come on, you guys have to have better analysis tools then purple ledger books and fountain dipped ink pens. This is the 21st century. I bet if you put a little effort into checking out the authorization code 378215 youd have a better idea of where the money has gone. From: HatsAmerica (((email redacted))) Sent: Wednesday, November 10, 2010 4:21 PM To: Mobley, Phillip Fentress Subject: Re: Customer Feedback for TheFedoraStore.com We are not collecting on this declined order. Your bank will tell you when the authorization will be cancelled. There is no order, and no money to refund. From: Mobley, Phillip Fentress Sent: Wednesday, November 10, 2010 2:36 PM To: (((email redacted))) Subject: Customer Feedback for TheFedoraStore.com I just spoke with a customer service rep. at my bank. This purchase was given an authorization code of 378215 given by your company. If this doesnt help then just cancel the order and refund my money. Thanks, Phillip

From: HatsAmerica (((email redacted))) Sent: Wednesday, November 10, 2010 2:49 PM To: Mobley, Phillip Fentress Subject: Re: Customer Feedback for TheFedoraStore.com It was not collected by us, your card was declined. Your bank should be able to tell you how long before an authorization disappears. Perhaps you could also find out from them why your card would be declined. From: Mobley, Phillip Fentress Sent: Wednesday, November 10, 2010 12:27 PM To: (((email redacted)))t Subject: RE: Customer Feedback for TheFedoraStore.com That's all well and good...but I am missing $50.58 out of my account and it had to go somewhere. My bank says that it went to you guys. Someone needs to contact me regarding this issue. Sent via DROID on Verizon Wireless -----Original message----- From: HatsAmerica To: "Mobley, Phillip Fentress" Sent: Wed, Nov 10, 2010 18:51:23 GMT+00:00 Subject: RE: Customer Feedback for TheFedoraStore.com We show for attempts, but each attempt was declined by our system. Transaction Status: Declined (Card declined by issuer - Contact card issuer to determine reason.) Please note that you bank may have authorized these attempts, but our system did not collect money and declined the charges. Thanks, Duane ****

From: Mobley, Phillip Fentress [mailto:[email protected]] Sent: Wednesday, November 10, 2010 11:19 AM To: (((email redacted))) Subject: Customer Feedback for TheFedoraStore.com My name is Phillip Mobley. Hello, I just placed an order with your company and I did not receive any confirmation from you to affirm my purchase. I do see however that my bank has received the payment for the fedor store. Would you please look into this for me as I would not like to have to make a second purchase for the same item. Phillip Thanks, Duane ****

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