Tim
Valparaiso,#2Consumer Comment
Fri, January 09, 2004
Stephanie, I think you missed the point of Dan's rebuttal. I'm pretty sure it was intended as a sarcastic display of the avarice involved in this scam, of which I'm pretty sure Dan isn't actually a party. I'm glad to hear that you were able to resolve your situation relatively easily. I would like to clear up an assertion that you made, however. You seem to be under the impression that, as this operation is based in Florida, that only the state of Florida has jurisdiction over them. This is not the case! If this company solicits your business in your home state they are subject to the jurisdiction of your state's courts. Your contract may, and probably does, contain a clause stating that any disputes will be resolved in Florida courts, but this does not affect your ability to file suit against them in your home state. If you were to file suit against them in your home state they would most likely file a motion to dismiss based on this clause, at which point it would be up to the judge to determine whether or not to lend any credence to the "forum selection." Most judges look upon these clauses with disfavor, especially in regards to individual consumers, and ESPECIALLY when there is a pattern of fraud involved. I am not trying to hand out legal advice here, nor am I qualified to do so. But I do have a pretty firm understanding of jurisdictional issues, and if these guys solicit your business in your home state, then your courts have jurisdiction over them. Don't forego legal action because you think you'll have to file suit in Florida, because the Supreme Court says otherwise.
Stephanie
Colorado Springs,#3Consumer Comment
Fri, January 09, 2004
You know Dan, I was ILLEGALLY charged on my credit card, and I got my money back because my bank got involved-for account fraud against you guys. And there are TONS of lawyers out there just DYING to jump on something like this, unfortunately you are somewhat smart about it and do your scam nation wide, making it harder. BUT if the District Attourney in you area finds out, you are screwed, BIG TIME!!! The only reason I didn't go to a lawyer was because I had gotten my money back, but when I read this Rebuttal from you, it really encourages me to contact the D.A. in florida. And quite frankly, I am appolled that you take humor into ripping people off, it is really disgusting!!! So for everyone else who has been ripped off, and NOT able to get your money back, contact your bank, fill out a dispute, and contact the district attourney in florida, you are entitled up to THREE times what you were charged, PLUS the attourney fees. That's the road my lawyer and I would have taken, but Lucky for this company, I dropped it.
Dan
Ft Lauderdale,#4REBUTTAL Individual responds
Tue, January 06, 2004
Hey we started this scam over 15 yrs ago under other names, but who would have thought Ramada would lend us their name as a Franchise? Now, we are the single most nototious ripoff in the country if not the world. Is this a great country or what? Why don't all you whiners just get your own auto-dialers & make generous cotributions to your politicians so you can get rich too? No one cares, other states will sue for pennies on the dollar, in effect becoming your partners, they'll love you! Nobody really wants to come to Florida anyway, it's humid & ridden with bugs & vermin, we do an essential service for America.