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Report: #255163

Complaint Review: FJR Advisors, NeverColdCall.com - New Port Beach California

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  • Reported By: San Diego California
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  • FJR Advisors, NeverColdCall.com 5000 Birch St. Suite 3000 New Port Beach, California U.S.A.

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I am a professional salesperson that uses cold-calling techniques as a major portion of my work. When I saw an online advertisement for NeverColdCall.com promoting a system written by a New York Times Best selling author Frank J. Rumbauskas Jr., I was intrigued. Because the site offered a "30 day free trial" I ordered the materials.

In return for my credit card number, I received access to a download link for 24 hours that provided very little information. In fact the information I received at this download link was nothing more than advertisements for additional products and services.

If you've ever seen the movie "A Christmas Story", where little Ralphie sends away for his decoder ring, you will understand my frustration. When Ralphie finally received his decoder ring, he used it decode his first message which was "Be sure to drink your Ovaltine". Ralphie was very upset that his decoder ring was nothing more than a way to sell more Ovaltine.

Likewise, the download link I received in exchange for my credit card information contained no useful information. In approximately 8 days, I received a manilla envelope in the mail from FJR Advisors, LLC. The package contained nothing of value unless you stipulated to the wholesale cost of the paper the "advice" was photocopied upon.

Immediately, I contacted the company via e-mail and via a helpdesk link. Of course, I received no replies to my requests for return of product instructions. I also received no replies to my instructions to forego the $97 charge to my credit card.

The only thing NeverColdCall.com did well, was to process my $97 charge exactly 30 days from the date of my original purchase. Only when I involved my credit card company to initiate a chargeback did I receive responses from NeverColdCall.com. The e-mails I received contained personal threats, derogatory comments about San Diego (my residence), and a reminder that their policy is a "30 day trial" not a "30 day keep it for free" policy. The personal insults and comments were unbelievable!

I have reported this company's activities to several state and federal organizations. Be very careful when making purchases from online companies. I would advise that you never do business with NeverColdCall.com unless you want to pay $97.00 for personal insults.

Michelle
San Diego, California
U.S.A.

This report was posted on Ripoff Report on 06/18/2007 09:13 AM and is a permanent record located here: https://www.ripoffreport.com/reports/fjr-advisors-nevercoldcallcom/new-port-beach-california-92660/fjr-advisors-nevercoldcallcom-30-day-free-trial-only-thing-free-are-e-mail-insults-yo-255163. 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. Ripoff Report has an exclusive license to this report. It may not be copied without the written permission of Ripoff Report. READ: Foreign websites steal our content

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REBUTTALS & REPLIES:
0Author
7Consumer
3Employee/Owner

#10 Consumer Suggestion

The Address Is There

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

POSTED: Tuesday, June 19, 2007

Michelle, Frank is right. Whether the product is shipped USPS or UPS, the return address is clearly on the package. Don't use the links on the site - the address is in the booklet you were given - per Frank. Now, if you don't have the booklet or the product, you are going to have a problem; if you can't return the product in complete form, you legally have possession of the item - even if you threw it in the garbage. If that is the case, then you owe Frank money.

At this point, I have to tell you that the person being ripped off here is Frank since you took product from him without paying. So, you have 3 choices:

1. You can return the product in complete form.
2. You can pay Frank $97.00 for the product you purchased from him. Whether you still have the entire product is not relevant.
3. You can wait and see if Frank moves forward with pressing charges for posing as an attorney, at which point it will cost you more than $97.00.

Choice 3 is not in your best interest. Telling me Choice 1 isn't an option no longer makes any sense with me and if you have to go to a website to find the return address is telling me you no longer have part of the product. I hope that is not the case. If that isn't the case, just return the product per the instructions. You do not want Choice 3 looming over you - believe me.

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#9 Author of original report

Let the People decide

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

POSTED: Tuesday, June 19, 2007

Mr. Rumbaukas,

This thread is intended to provide consumers with input from other consumers regarding transactional information and other business to consumer interactions. In fairness to business owners and/or other entrepreneurial endeavors, you are permitted to rebut consumer comments. You claim that I am lying; this can not be proven.

Calling me a liar is defamatory. You are drawing conclusions by parsing my posts and attempting to lead others to a conslusion. You conveniently overlook critical statements contained within my posts. I must admit that I am not surprised you fail to address such things as sending me links that generate errors and blocking my IP address so that I cannot access your website.

Additionally, you do not inform individuals that your "help desk" dates tickets to 12/31/69. (Perhaps you only did this to me as yet another means of harassing me?) Admitting these truths would undermine your agenda.

Visitors to this site are intelligent, free thinking individuals. They do not need me or you to tell them what or how they should think. This will be my last posting to this report as I am confident in my case against NeverColdCall.com. From this point on, Mr. Rumbauskas, why not just let the People decide?

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#8 REBUTTAL Owner of company

Customer's claims regarding are address are false

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

POSTED: Monday, June 18, 2007

Our mailing address is plainly and clearly displayed on our website, as is required by our merchant processing bank. The customer obviously knows our website is NeverColdCall.com, as she both ordered there and also listed our web address in this complaint. Anyone who visits that site can quickly and easily find the contact page on the main menu, and will see that our mailing address is posted as clear as day on that page.

Also, my support assistant Ashley repeatedly sent the customer a link to our return instructions; anyone can see that a link to our return policy is provided at the bottom of our home page. Always has been, always will be. On top of that, the link is provided in the book that the customer purchased.

In addition, the customer has pointed out that we are located in Newport Beach, California, and would have no way of knowing that unless she had viewed our address.

Anyone reading this thread can clearly see that this customer's claims and allegations are entirely inconsistent, that she is lying, and that is why I have resorted to involving an attorney in this matter. Again, it is a shame that people like this abuse this website just to attempt to harass and intimidate businesses into giving sham refunds.

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#7 Author of original report

Dear Consumer Commentor - The company refused to provide a legitimate return address

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

POSTED: Monday, June 18, 2007

Dear Consumer Commentor:

I respect and appreciate your comment. I was indeed "Ripped Off" as I tried to return the product 2 times. The address the company provided was invalid. Each time I tried to return the product via USPS and UPS, the parcel came back as "undeliverable".

I requested a legitimate from the company and received absolutely no responses to my e-mails until I initiated a chargeback. Upon learning of my chargeback, I was given a link to a website that supposedly contained a valid return address. The link returned nothing but error messages!!

In fact, I was RIPPED OFF!! Fortunately, my credit card company afforded me the protection necessary to avoid a loss.

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#6 REBUTTAL Owner of company

Response to this customer's claims and failure to return the product

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

POSTED: Monday, June 18, 2007

As I have stated, the policy is very simple: Return the product and you'll receive a refund. That's all there is to it. Expecting to receive a refund without first mailing back the product is simply illogical and anyone will agree that you are not entitled to a refund when you have not yet returned the product. I'm not concerned with your filing complaints with various agencies, because they're all obviously going to side with me, not you, and at that point you will be legally liable to me for damages for filing frivolous complaints with the sole intent to harass and intimidate me into caving in and giving you your money back. Does the word "extortion" ring a bell? It did to my lawyer when I briefly spoke with him today regarding this matter.

You obviously knew our address all along because you threatened to file a complaint with the Newport Beach Chamber of Commerce - how on earth would you know we're located in Newport Beach without knowing our address? Our mailing address is plainly visible on the very same contact page of our website that you used to contact us in the first place. There is no way you didn't see it.

You have also claimed in your emails that you've sent us certified and registered letters that we did not respond to. How on earth could you mail to us without knowing the address? Not to mention the fact that you never did mail us anything, because if you did we would have received it and responded. You also could not provide us with tracking numbers when asked.

In addition, the CA State Bar advised me that even if you're a licensed attorney in the other 49 states, if you're not licensed in CA, it's a misdemeanor crime to claim to be an attorney, punishable by up to one year in jail and up to a $1,000 fine, and I've printed a large stack of emails and support tickets from you claiming to be an attorney and threatening to sue me.

As I've said repeatedly, you are fully entitled to a refund IF and WHEN you return the product! I really don't understand all of this when the solution is so simple, when our mailing address is plainly displayed on our website, and when the return instructions (including the address) are printed in three different places - the website, the book, and the electronic version of the book.

To be quite honest, people like you undermine the value of websites like this. I respect RipoffReport.com and have even filed a complaint with them in the past; however, when the site is littered with frivolous complaints like this, it turns into "the boy who cried wolf": no one will take anything on the site seriously anymore, which is a shame because I believe that dishonest businesses should be exposed.

Thank you,
Frank Rumbauskas

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#5 Consumer Suggestion

If you still have the product - it isn't a Rip-Off

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

POSTED: Monday, June 18, 2007

I understand you claim that you tried to return the item, however you apparently still have the item, right? You're lucky he's offering you 100% of what you paid to get your money back - he could charge you a restocking fee of 15% or more just for the harassment you've laid out.

If I had to determine who was the party being rude to the other - Michelle you claim to be a cold calling sales rep, and by nature the most successful cold-callers are aggressive people, so I have to put that on you. But you have another, more serious problem:

You verbally claimed to be an attorney and then implied you made such a claim when you stated that they were able to make such a check on a SUNDAY, and that from your own keyboard. Unfortunately, such items can be researched on the internet - they know from your IP address where you're posting from, so they can check with the Bar and in CA you can do that on-line.

In this regard, you have a problem because that is something you can be nailed on by the state of CA (they take a rather dim view of people posing as attorneys that aren't certified by the CA Bar Association), though it is not a felony. You are not an attorney from the opening sentence of your narrative stating, "I am a professional salesperson that uses cold-calling techniques as a major portion of my work."

That's not something you're going to be able to wiggle your way out of on your own. You're going to need Frank to be generous and not push forward with a case in order to avoid this being a problem for you.

Everyone needs to get along here and everyone needs to be nice. Frank will likely drop his threat to sue you and return your $97.00 if you return all product. If you don't, your writings to them and here will serve as pretty damning evidence of your guilt and you'll be out a lot more than $97.00.

At this point, you now need to trust Frank to do the right thing. Michelle, you now have to take the first step. Stop the harassment and return the product. Frank, give her a good address to return product, give her back her money and don't pursue the criminal charge. It's that simple.

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#4 Author of original report

Despite the "owners" claim, I have no interest in keeping his "product"

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

POSTED: Monday, June 18, 2007

There are far too many absurd claims in the "owner's" rebuttal to refute. I will simply say that "Frank" and his employee "Ashley" have a very interesting definition of the word polite. Additionally, there are 49 states in addition to California. I simply stated in an e-mail that I was an attorney. No mention of my bar association was implied.

This is a simple matter of unethical business pracitses on the behalf of Frank Rumbauskas's company. I am a victim of an online selling scheme.

"Frank" has invited anyone to contact him personally regarding this matter, but gives no contact information. That is very interesting.

Likewise, I invite anyone to contact me personally regarding this matter. This invitation extends to "Frank" and his legal representatives. I will gladly provide supporting documentation from which the only conclusion that can be drawn is that my assertions are with merit and "Frank's" are meritless.

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#3 REBUTTAL Owner of company

This customer has refused to return our product for a full refund and is lying in order to keep it for free

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

POSTED: Monday, June 18, 2007

I am the owner of this company. We offer a 30-day free trial under which a customer can return a product within 30 days and is never charged for it; in addition, we offer a money-back guarantee for a full 90 days, so customers can return products for refunds even after the 30-day trial expires and they have been charged.

The return instructions are provided in our books, e-books, and on a link right on our home page.

This customer made initial contact with us, despite her claims to the contrary, this past weekend, approximately June 16th. She demanded a full refund based on our 30-day trial. My customer service representative, Ashley, politely replied that the customer must return the product first - there is no such thing as a "keep it for free" refund policy.

This polite response was met with a hail of harrassing, threatening emails from this customer, demanding that we refund her money AND let her keep the product for free, threatening to sue us, report us to every government and consumer agency, and so on. Ashley replied back several times, simply stating "return the product and you'll get a full refund, per our policy," yet the customer continues to threaten and demand a refund without returning the product.

The customer then escalated the situation by claiming to be an attorney who will sue us. Ashley searched the CA State Bar website on Sunday and found no listing for this person; today, I personally called the State Bar and they again verified that this person is not a licensed attorney in the state of CA. They have also verified that it is illegal in CA to claim to be a licensed attorney when you are not, so I have moved forward with an Unauthorized Practice of Law complaint with the state bar.

As I write this, on Monday June 18th, we continue to receive 5-10 harrassing and threatening emails from this customers, who continues to refuse to return the product, and just wants a refund. Sorry but there is no such thing as getting a refund without returning the product. Now she has disputed the credit card charge without returning it, which again is illegal in CA as it is a form of stealing to dispute a charge without returning a product.

The situation has gotten so bad that this customer has left me with no choice but to discuss the situation with attorneys and consider legal action in order to stop this customer's barrage of harrassment, threats, and false complaints with a multitude of agencies.

Anyone may feel free to contact me personally regarding this matter.

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#2 Author of original report

Simply Unbelievable!! - Owner threatens to spend 50K suing me for harassment

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

POSTED: Monday, June 18, 2007

Frank Rumbauskas, a "best selling author" and internationall acclaimed motivational speaker sent me the following e-mail:

(I highly doubt that this e-mail is legitimate as it was sent from a generic support@nevercoldcall.com address. Also, my IP has been blocked so that I cannot access the help desk centor nor the website from this computer!!)

This is Frank writing (sure, it is - ha ha). I have just called my attorney and we\'re going to sue you for defamation if indeed you have filed all of those reports against us.

In addition, I\'m calling your local police today, as the sheer volume of threatening support tickets we have received from you is harassment. (using the help desk to request return instructions is harassment???)

Finally, since you apparently cannot how to figure out how to read the address on the website, here it is again:

FJR Advisors, LLC
5000 Birch St., Suite 3000
Newport Beach CA 92660

Although it\'s obvious that you already have it since you mentioned the Newport Beach chamber of commerce, so I have a feeling you\'re lying. (I have filed complaints to the BBB, RipOffReports.com and the Newport Beach Chamber of Commerce - obviously, there is nothing "actionable" about filing consumer complaints with these agencies.)

DO NOT CONTACT US AGAIN OR I\'LL HAPPILY SPEND $50,000 IN LEGAL FEES TO SUE YOU. (He must have a general idea that it will take $50,000 to defend this matter - or this is further proof of who is actually making threats! )

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#1 Author of original report

If this is Customer Service - I'd prefer standing in line with a number in hand.

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

POSTED: Monday, June 18, 2007

Since initiating a chargeback with my bank, I have begun receivin astonishing e-mails from one of this companies "customer service" employees. I tried returning the product ordered only to have the package returned as undeliverable. The "help desk" sends me links to website pages that do not open. Also, my status as an attorney is called into question and threatened. This person claims to have "verified" that I am not an attorney on a SUNDAY!!. Also, this person has no idea where I received my Juris Doctorate and in which State I took the bar!! Furthermore, it is in no way "illegal" to dispute charges or initiate a chargeback. The systems were created by financial institutions to resolve situations such as this and to protect consumers from unscrupulous business practises.


Customer Service Response 1:

#1: If you have tracking to prove that you returned the package to us, send it to me.

#2: You are not an attorney - I checked with the State Bar - and misrepresenting to be an attorney when you are not is a crime in the state of California. I am going to talk with Frank in the morning about this and about reporting you for unauthorized practice of law.

#3: Please stop opening multiple tickets and sending me multiple emails. This is harassment and again I\'m going to talk with Frank about involving his attorneys against you.

I will contact you TOMORROW - MONDAY - when I am in the office and can speak with Frank about what he wants to do.

Finally, if you dispute the credit card charge without returning the product, you are going to be an \"attorney\" with bad credit as we retain a collection agency for people who unlawfully dispute charges.

Thank you.


Customer Service Response 2:
This is your 3rd request not fifth.. we responded.. to you 1st and 2nd requests. I will tell you again what I told you before follow the directions located at www.nevercoldcall.com/30day.htm (link would not open)

Customer Service Response 3:

I am not surprised you don't think I am who I say I am, since you misrepresented yourself as an attorney when you are not one.


FYI the return instructions are also located in the book and the e-book. (Actually, you are instructed to visit a website which is disabled) I have informed Frank of this, and I am to have no further contact with you. It is illegal to falsely dispute credit card charges. Now stop harassing me and the support team.

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