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Report: #194900

Complaint Review: The Learning Annex - New York New York

  • Submitted:
  • Updated:
  • Reported By: Modesto California
  • The Learning Annex
    48 West 37th Street, 7th Floor
    New York, New York
    U.S.A.

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I purchased David Lindahl's Apartment House Riches Boot Camp at the Learning Annex Real Estate Wealth Expo (REWE) in San Francisco. During Mr. Lindahl's discussion about apartment houses and market cycles I became very interested in his product and wanted to learn more. He said that his course was on sale for $795 and if you didn't like it you could return it. For the $795 you would receive some materials at the seminar, attendance to a "Boot Camp" and some additional materials at the boot camp. He stated over and over that if his course wasn't for you, you could return it! Silly me, I believed him. I purchased his product along with a few other products that weekend. My intent, was to review and return the products those that didn't fit my criteria.

One of the other products that I purchased did not have an extended return guarantee by the speaker. I read the policy from the Learning Annex and promptly sent in my "return" certificate to get a refund on the product. The Learning Annex eventually did refund my money, but I had to threaten to dispute the charges and I had to send an email to the president of the company!

Mr. Lindahl was hosting a "boot camp" on May 13th in LA. I decided after reviewing other materials that I purchased at the REWE that Mr. Lindahl's products were not for me. I made multiple phone calls, and after not receiving a phone call back I emailed the Learning Annex on May 5th requesting instructions on how to make my return. I patiently waited for a reply from the Learning Annex, after not receiving anything, I again wrote to them on the 31st of May trying to follow up and get the issue resolved. The following is the response I received.

Ryan -

I must inform you that because you did not cancel your transaction within the allotted time frame (it had to be post marked by March 29th, 2006), we can not issue a refund for this purchase.

Please refer to the sales contract you signed at the time of purchase, as well as the Notice of Cancellation attached to that contract for the terms of your agreement.

Our return policy is in strict compliance with the Federal Trade Commission regulation, Title 16 Chapter 1, Subchapter D, Part 429 (16 CFR 429.1) concerning this type of purchase. In addition, you signed a contract acknowledging the statutory 3-day period, and under which you had until April 12, 2006, to postmark a proper Notice of Cancellation. We did not receive a Notice of Cancellation (or return of the product) postmarked on or before March 29th, 2006.

Unfortunately, our contractual obligations to our suppliers preclude our being able to accept late returns/cancellations. Please understand that, should you attempt to send the product back to us, we will be unable to take responsibility for it, and we will not ship it back to you.

If you have any further questions, please do not hesitate to ask.

Sincerely yours,
Linda B
Learning Annex NYC


That day, Linda and I exchanged multiple emails, in which I informed here that per Title 16 Chapter 1, Subchapter D, Part 429 (f) the Learning Annex and Mr. Lindal are not in compliance with the FTC ruling.

429.1 Says:
In connection with any door-to-door sale, it constitutes an unfair and deceptive act or practice for any seller to: (f) Misrepresent in any manner the buyer's right to cancel.

It is clear that the Learning Annex and Mr. Lindahl did indeed misrepresent my right to cancel. I followed their guidelines for one other product and promptly returned it. In that case the Seller did not make any other warranties and as a result it was VERY clear that I had 3 days to cancel. However, Mr. Lindahl made an extended promise and I took my time carefully reviewing his materials before making a decision.

After working with the Learning Annex and trading a number of emails, they have informed me that they will not honor Mr. Lindahl's return guarantee and that I am out my $795. I have filed a complaint with my Credit Card Agency and will follow up with the New York BBB and Attorney General if this matter cannot be resolved quickly.

This is the 3rd problem I have had with the Learning Annex... There are also multiple other Rip Off Reports for the Learning Annex, make sure that you read all of the available information and make an informed decision before working with them.

Ryan
Modesto, California
U.S.A.

This report was posted on Ripoff Report on 06/05/2006 04:06 PM and is a permanent record located here: https://www.ripoffreport.com/reports/the-learning-annex/new-york-new-york-10018/the-learning-annex-david-lindahl-ripoff-refused-to-honor-return-policy-ripped-off-for-7-194900. 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:
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0Employee/Owner

#1 Author of original report

The refund has been issued

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

POSTED: Thursday, June 08, 2006
Yesterday, I shipped the product back to Mr. Lindahl and the Learning Annex. Today I received an email from Dominick letting me know that he has personally put my refund through and that it should hit my credit card shortly, he also provided the reference number for the transaction. I am happy to see that the Learning Annex has taken care of the matter, and am glad that it all worked out in the end. It is unfortunate that this return was as much of a hassle as it was, but Dominick seems to be on top of it and has taken care of the issue. Thank you Dominick.
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#2 Author of original report

It appears that the Learning Annex has come through

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

POSTED: Tuesday, June 06, 2006
I just spoke with Dominick at the Learning Annex and he stated that after a careful review of my file it appears that Mr. Lindahl did indeed have an extended guarantee and that the Learning Annex would honor it.

Dominick stated that he will be sending me a FedEx return label later today and that the credit will be issued once the product is shipped. It appears that this issue will be taken care of and the Learning Annex will honor their speakers commitment.
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#3 Author of original report

Clarification on Return Guarantee

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

POSTED: Monday, June 05, 2006
I don't think I was clear when filing the initial rip off report. Mr. Lindahl stated during his seminar that his product could be returned until the Boot Camp, and online his guarantees go even further! I attempted to return the product per his verbal guarantee (before attending the Boot Camp) and am well within compliance of the guarantees posted on his web site. Here is the guarantee as stated on Mr. Lindahl's own web site for the Boot Camp:

-----------
Here's My Personal, Super- Strength, Iron-Clad Guarantee

I want you to register for this Event without an ounce of concern over how much it will be worth to you. It is, frankly, a somewhat "pricey" event, so I want you to have an iron-clad, unwavering confidence that you are making a wise, necessary investment for yourself and your family. So, I'm going to go way, way, way out on a limb for you:

Attend the entire first day and night through to the lunch break, 2nd day. Then, if you honestly feel I have overstated the value of this event, under-delivered on my promises, disappointed you in any way, and you cannot clearly, inarguably see exactly how you will make back at least - at the very least - 20 TIMES your investment in attending, you can quietly come to me or anyone on my staff-team, express your unhappiness, and you will get:

* 100% Refund Of Your Fee, plus
* Reimbursement Of Your "Blocked" Hotel Room Bill For 2 Nights, plus
* Reimbursement Of Documented Airfare Up To Another $300.00, plus
* and my profound apology. No hard feeling. No hassles.
-----------

Not only does he promise to return your money up until the event, he also provides a must looser return policy for the Apartment House Riches course, which I purchased:
If you're unsatisfied for any reason, return ?Apartment House Riches? within 12 months for a complete 100% refund. No questions. No hassles.

I think it is pretty clear that Mr. Lindahl and the Learning Annex have different ideas of what the policy is. Unfortunately for the customer, it is completely unclear, and a total misrepresentation of what the Learning Annex intends for the policy to be. I am stuck in the middle here and just want the Learning Annex to live up to its speakers promises and guarantees. There is no way for someone attending this event to realize that Mr. Lindahl's guarantee is not "valid" based upon Learning Annex policy. It is miseading, deceptive and in direct conflict with the FTC regulations quoted to me by Learning Annex staff.
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