• Report: #265345

Complaint Review: Gevalia Kaffe

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  • Submitted: Sun, August 05, 2007
  • Updated: Sun, February 03, 2008

  • Reported By:Anacortes Washington
Gevalia Kaffe
Holmparken Square; PO Box 6276 Dover, Delaware U.S.A.

Gevalia Kaffe Violation of the Federal DO NOT CALL list Ripoff Dover Delaware

*Author of original report: Address and Phone for anyone who needs

*Author of original report: Update - Settlement

*Author of original report: Update - Got a call from their attorney

*Author of original report: Violation of the Federal Do Not Call List

*Author of original report: Violation of the Federal DO NOT CALL list.

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Gevalia Kaffe Company has violated the Telemarketing Sales Rule, the Telephone Consumer Protection Act, and the Federal DO NOT CALL list by calling my telephone number 14 times, despite the fact that my telephone number is listed on the Federal DO NOT CALL list.

Gevalia is an organized business that sells coffee products.
Gevalia is NOT a charity
Gevalia is NOT a political organization
Gevalia is NOT a non-profit
I have NOT previously contacted Gevalia for any reason, as I do not drink coffee. Therefire, I do NOT have an existing relationship with Gevalia. Therefore, Gevalia does not meet any of the exemptions listed within the Telemarketing Sales Rule.

The Telemarketing Sales Rule prohibits telemarketers from calling a number listed on the Federal DO NOT CALL list. Gevalia has violated the rule 14 times [EXHIBIT C] by calling me.

The Telemarketing Sales Rule prohibits telemarketers from calling a person who has asked not to get telemarketing calls. Gevalia called me ten more times after I asked not to be called on the 4th call. Further, when I asked not to be called, "Miranda" insisted that I had to provide my name and address in order for them to add me to their "do not call" list. There is no legal obligation for anyone to provide name and address in order to ask not to be called.

The Telemarketing Sales Rule prohibits telemarketers from failing to transmit Caller ID information. Gevalia transmitted only partial information. The phone number was clear, but the name was shown as unavailable. I did a GOOGLE search and discovered the phone number belonged to Gevalia.

The Telemarketing Sales Rule prohibits telemarketers from calling a consumer who has asked not to be called again. I received ten calls since June 27, 2007, when I asked not to be called.

I have filed a lawsuit in the local district court where I live, but the court clerk claimed "no jurisdiction" because Gevalia is not in my state. I found out that I *can* claim jurisdiction, as my state has a law that says I can. Using that law, I got the court clerk to accept my filing.

On July 30, I served Gevalia notice via registered letter, using the address of "Holmparken Square" and the PO Box I found on the internet. However, when I got the "return receipt," the signature does not appear to be a Gevalia individual. Therefore, the judge (court date September 25) may throw it out of court. I am going to try to contact the Kent County (Dover, DE) Sherrif's office to see if I can get them to "serve notice."

The Federal Law allows me to claim damages of $12,000 (14 violations of calling me X $500 per violation, plus the last ten calls are a double violation of calling me after I had asked not to be called X $500); but my state only allows $4,000 on a "small claims" unless I use an attorney.

Dxs
Anacortes, Washington
U.S.A.

This report was posted on Ripoff Report on 08/05/2007 09:20 AM and is a permanent record located here: http://www.ripoffreport.com/r/Gevalia-Kaffe/Dover-Delaware-19905/Gevalia-Kaffe-Violation-of-the-Federal-DO-NOT-CALL-list-Ripoff-Dover-Delaware-265345. The posting time indicated is Arizona local time. Arizona does not observe daylight savings so the post time may be Mountain or Pacific depending on the time of year.

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Updates & Rebuttals

#1 Author of original report

Address and Phone for anyone who needs

AUTHOR: Dxs - (U.S.A.)

I just received my Form 1099 from the lawsuit I filed. If anyone needs an address for Gevalia Kaffe, here it is:

Kraft Foods Global, INC.
Three Lakes Drive
Northfield, IL 60093

Phone: 210-530-7200
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#2 Author of original report

Update - Settlement

AUTHOR: Dxs - (U.S.A.)

Apparently, the person who had the phone number before me had placed an order three months before I got the phone number. Gevalia was using the "We can still call you for 18 more months" rule and didn't know that the phone number had transferred to someone else.

Also, the attorney said that they have 30 days after a request to not be called to stop calling me. The 30 days was exceeded by 3 phone calls, so they are going to pay me $1500, which is $500 X 3 phone calls.
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#3 Author of original report

Update - Got a call from their attorney

AUTHOR: Dxs - (U.S.A.)

I served notice by a certified letter to a Delaware address (which was delivered, I have the return receipt) and I paid $50 to a county sheriff in Pennsylvania to serve them at a Pennsylvania address I found. One of these techniques worked, as I got a call from their attorney. The attorney indicated that Gevalia is owned by Kraft, and "they just can't figure out how this happened, and they want to try to investigate." I told them I had a court date in MY state, they have to show up, or I win automatically! Or, they could pay me the $4,000 I asked for and we would not have to go to court. Their choice. What was funny was the attorney said, "we like to try to resolve 'these' kinds of cases if we can...." THESE kind???? Apparently they have had this happen to them more than once!
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#4 Author of original report

Violation of the Federal Do Not Call List

AUTHOR: Dxs - (U.S.A.)

I found a lawsuit where the Maine located LL Bean company filed a lawsuit against Gevalia for interfering with LL Bean's web site. LL Bean won the lawsuit. Apparently, Gevalia found a way to insert their ads into LL Bean's web site, thus giving the "appearance" that LL Bean "endorsed" them. LL Bean was highly upset! But, based on that lawsuit, I discovered that Gevalia is registered as a Pennsylvania corporation. So, I searched the Sec of State records in Pennsylvania and found them. Well, it's registered under someone else's name, but they had to list that they were using the name of Gevalia as a "fictitious" name. Apparently, Pennsylvania has a category where you can register a corporation as a "fictitious" name, whatever that means....

So, I have sent another certified copy of my lawsuit to the address in Pennsylvania.
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#5 Author of original report

Violation of the Federal DO NOT CALL list.

AUTHOR: Dxs - (U.S.A.)

I "served notice" with a certified letter. The "Return Receipt" was signed by a place called "Client Logic." I contacted Client Logic and was told Gevalia has an account with them. I can only assume that Client Logic acts as an "agent" for them. (Also, using an expanded Google Search, I discovered a registered sex offender works for this company!) Gevalia was using "Holmparken Square" along with a PO Box in their address.

So, I called both the Kent County Sherrif's office, and the Chamber of Commerce. Neither had heard of "Holmparken Square." I did a Google search on "Holmparken Square" and discovered that Gevalia inserts this line into their address, regardless of what state they are trying to use for an address.

This "Holmparken Square" was inserted into addresses (with PO Boxes) they are using in Iowa, New York, and Ohio. Businesses should not be allowed to "hide" like this!

I have complained to my Representative indicating that businesses should be legally required to publish their actual place of business on the internet.
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