swapselltrade.com, Joe Richey False advertising, ripoff Oregon Internet

As promised, I am reporting on what arrived today from Joe Richey.

I was expecting my shopping spree, but instead received a box of watches. Now these are obviously inexpensive, but I feel I received value for my $29.95 and have dropped the request to my credit card company.

I'm not sure exactly why these arrived instead of the shopping spree, but I do prefer them as I have no idea what would have arrived in the form of a shopping spree.

So everyone can see, I am a fair person and am reporting on this situation accurately and without prejudice.

In my eyes, this case is closed.

DISCLAIMER: The allegations herein are not intended to be legally factual and binding. In other words, it is the opinion of the author - not legal fact - that SwapSellTrade.com is engaging in deceptive trade practices. Thus SwapSellTrade.com has a right to rebut all claims made in this report.

Realizing a threat of legal action has been levied against me, I decided to do the smart thing and talk to the legal department at my father's office. Since he pays them a hefty retainer anyway, they might as well be put to good use. Here is what I was told:

1) In order for it to be libel (not slander), it would have to be proven that what I said was not true. Based on the promises on the website (which the lawyers did look at), everything I have accused him of are true. In a court of law, he would lose bad.

2) Here is part of the email sent by the legal department after they researched what I told them and showed them:

First off, he threatens a slander action, but that is for spoken statements, not written, I am assuming he meant libel. Secondly, he would have to prove that your statements were knowingly false, and there does not appear to be any way he could do that with all the other people making complaints about him. Finally, I don't see any harrassment action flying as you are speaking on a public MB, and have 1st Amendment Freedom of Speech rights.

3) Aside from how much fun they would have if a lawsuit arrived from Oregon in this situation (they are used to dealing with corporate problems), this is what they had to say if the lawsuit was actually served:

If he continues to threaten legal action, advise him that you will file a countersuit for invasion of privacy by publishing your address on the website.

A definite no-no. So I will refrain from name-calling and leave this situation as is except for the facts and I challenge anyone to sue me over the facts:

a) I was promised $500 in free groceries. I received coupons that for $100, I could receive grocery coupons worth $500. This is not what I paid for, I paid for $500 in FREE groceries.

b) I was promised 100 free rolls of film without mention of purchase. I received 100 buy one get one free coupons for film.

c) I still have not received the $1000 shopping spree but he claims it is on its way. I had promised to report on exactly what that shopping spree was and even offered to state right here if it was legit.

I was offered to get back $16 of the $29.90 I sent and that was unacceptable according to the legal department because "you will not agree to incur his restocking fee or postage fee as the reason for the return is a failure on his part to provide the advertised items, not a change of heart on your part."

So this is the story. I will let anyone know if legal papers arrive at my doorstep and will let you know how the countersuit goes if necessary.

Please understand, I sent him numerous emails when I did not receive the shopping spree and with my dissatisfaction with the groceries and he returned none of them. His next action was to post my address as a way of getting back at me when this could have been resolved with an email.

Final offer on this matter per advice of legal counsel send the complete package of goods back to

SwapSellTrade
2459 Se TV HWY SUITE #333
Hillsboro Or 97123 and we will refund 100% less the shipping cost and 20% restocking fee. Please post the tracking number here to show your return. Please ship signature required to ensure safe delivery. This is our final offer on this matter. Any further posts or smear jobs will be taken as slander and harrassment and we will seek legal injunction and attorney fees if you wish to go that route over a $19.95 order. Its your call but really enough is enough Thanks Joe Richey

Joe - Cornelius, Oregon
U.S.A.

Joe,

Since you clearly have no understanding of the law, your threats of a lawsuit against Lee are ludicrous.

First of all, it's libel (written word), not slander (spoken word).

Second, the plaintiff (that's you) has the burden of proof. That means that it is up to you to prove that what Lee has written is not true.

However, if what Lee has written is all true (and I believe it is) then you have no case, and no lawyer in his right mind would support you.

Good luck, you're going to need it.

Legal papers will be forthcoming. DO you really want to continue? Its up to you.

Joe, you are a real scumbag. There is no question about it. I sent you many emails before coming on here, and this is the crap you do?

Where are my $500 in groceries? It would cost me $100 to redeem them. Your ad said FREE GROCERIES, not GROCERIES THAT WILL COST MONEY TO REDEEM. I have contacted my credit card company and I'm challenging this.

I have a copy of the ad that has no asterisc (sp) saying I would have to pay for them. It says $500 Free Groceries.

You will be shut down someday. Whether it's sooner or later, you will be shut down. Do you sleep at night knowing your rip people off?

I guess everyone who has complained here is lying because they have a personal vendetta? I can't wait to see this $1000 shopping spree. Here is a promise though. If I legitimately get $1000 worth of items for free from your site, I will not contest the charge despite your lying about the FREE GROCERIES. But I'm not holding my breath about it. It's probably as crooked as you are! Scumbag!

We do help any and all that call our firm and when a person wants to to use a public forum to hash the details then this is the medium we will use to post the details. We are not like other firms who are reported and do not reply. We will reply and post the details to solve the issues. The customer reported he was missing an item and we responded with a shipping address and tracking number as the purpose of this report is to show people the full story. If you dont want the full story online then why file the report. We dont mind using this site to handle issues but we will put all the facts on the table. If you choose to post public reports we will make the case public. We have nothing to hide. Thanks Joe Richey

Wow Joe,

What an ethical business man you are! How nice of you to post a customer's full name and address on a public website! Along with the tracking numbers for shipments!

Now I see why so many people have problems with your scam outfit.

Lee Goldinger
50 Greenwich Dr
Westampton, NJ 08060 I believe is your info

Lee your come on here and attack my company we do answer all issues you choose to make it public and yes I am shipping you another shopping spree to fill the missing spree you claim that was missing
The UPS Tracking Number is 1Z42T95T4265001583 was the first tracking number on the promo package we sent and here is the second number on he missing shopping spree you claim you never got. All you have to do is wait for UPS to arriv now
The UPS Tracking Number is 1Z42T95T4265004777

If you think I'm posting my name and address on here, you are nuts. How about responding to the many emails I sent you daily? Is this the only way you'll make good is if someone posts their name and address on here?

It has been emailed to you minutes after I posted this. I would like my shopping spree code and the $500 in free groceries. I am not spending $100 to get them. Your ad never said a purchase was required. Expect the email to arrive approximately 6pm EST on Sunday, 8/21.

I will let everyone know how this turns out.

Sorry your package was short a shopping spree as advertised? Please post your complete name and address here and I will mail you a shopping spree for the shortage and post the tracking number here. Thanks Joe Richey