30 Oct 08 Update on TenSux’s Story – He got his money back!

Tensux got his money back from HSBC by contacting MasterCard direct…

i finally got my money back, i sent a letter to head of the General Counsel at MasterCard international explaining the details, that they had a fraudulent merchant in their system, and the difficulty i was having with my bank HSBC. I also copied the head counsel at HSBC. As soon as HSBC counsel got the copy of the letter the letter i sent to mastercard international they called me. it was a very nervous woman from the presidents office of HSBC who seemed surprised i had contacted mastercard international general counsel, and she had the charge reversed, permanently

i did all of this at the advice of a friend of a friend, a person with a very high position in the credit card industry, he said that it would get their attention quickly, the banks who use the master card logo have agreement with master card international to honor their zero liability fraud protection, HSBC’s last response to me that it wasnt fraud but a mischaracterized charge was outrageous and i included a copy of it to what i sent to mastercard international

maybe this can be booked marked for people who used mastercard:

Noah J. Hanft, Esq
General Counsel
Mastercard International
2000 Purchase Street
Purchase NY 10577

if they get enough of these letters, maybe they will pull Gisol’s merchant account, if they are not already in the process

like i said earlier, mail this guy along with the general counsel of your own bank if they are not helping you

28 Oct 08 Looks like Gisol is taking a new step

By now, Gisol’s ratings have fallen tremendously , I’m surprised they show up in search engines. But it doesn’t look like its quite over just yet, looks like the want to leach of some new blood.

I recently discovered on one of my FreeLancer websites that there looking for the following:

• New Website Template ($30-$250)
• New Website Banner ($30-$250)
• Virtual Government Filing Database ($250-$750)

They’ve also stated in one of the posts that “This will be a new shared web hosting site.” They also stated: “We are re-branding our company.”

I really don’t know what “Virtual Government Filing Database” it makes no sense, unless they are working with the Government which just sounds bazaar.

So, overall, it looks like there planning on changing the name, website and location to carry on scamming people under a new name. I will be sure to keep everyone posted of the name they “re-brand” to if they did change there (house-ran) company name anytime soon.

Looks like there trying to pull off one of the most commonly known scam on the internet, and thats to change there company name, relocate and sell the company to under someone else’s name so all complaints and court orders against there old company name/owners will be dropped and will have to be re-filed. Looks like to me there trying to buy some time, and a lot of it.

-Marvin.

22 Oct 08 Spivak.LA domain for sale!

Hi Mr. Jack/Brian Spivak,

I know how much you like your domain names, especially Spivak domains.

I have one for sale you may be interested in:

www.Spivak.LA

Oh by the way, it’s up for sale for exactly the same amount that was stolen from me.

Yours faithfully,

An ex-Gisol customer.

06 Oct 08 Reporting Gisol in other countries

As Gisol’s victims are from all over the world, our sister website “Toggle Talk” has been doing some research into reporting Gisol in other countries and in other languages. Please see the post at:

http://4one4all.report-gisol.com/2008/10/06/a-multilingual-warning-a-worldwide-problem/

I’m sure the post will change as more authorities are found. Keep checking back.

27 Sep 08 Gisol’s Special Offer Countdown Timer has GONE!!!

After all the years that Gisol’s Special Offer Countdown Timer has been conning people into rushing their decisions to sign up to their scam, it has now mysteriously vanished!

You know the one… It looked like you had to sign up really quickly, or you wouldn’t get that Special Deal… The timer that reset itself EVERY DAY… Another one of the false and misleading adverts that Gisol is famous for…

This coincides with me putting my own countdown timer on this website (synchronized with their’s) ONLY 4 DAYS AGO!

Quick work Gisol. How about giving your victims’ money back as quick?

Oh by the way, seeing as though you check out all the anti-gisol websites against you on a daily basis, why don’t you leave us a comment? Leave us your side of the story…

…we wouldn’t want it to be all one sided.

Added Oct 06, 2008:

The countdown timer is still there in the html page source of the Gisol site… it’s just temporarily unused. When will it be back I wonder?

<!—script language=”JavaScript” src=”countdown.js.php”></script>

<!— EXPIRATION OF SPECIAL END —>

24 Sep 08 Thanks Gisol, I’m not bothered!

He He,

I just got this mail from Gisol! If you’re looking, I haven’t been a customer for months, my account is closed, and I got my money back from you!

Return-Path: <>
From: admin
Subject: [IMPORTANT] Your mailbox is approaching its limit.
Date: Wed, 24 Sep 2008 18:41:13 +0100
X-NAS-BWL: No match found for ” (174 addresses, 0 domains)
X-NAS-Bayes: #0: 3.20328E-072; #1: 1
X-NAS-Classification: 0
X-NAS-MessageID: 5074
X-NAS-Validation: {1FC5CDE6-BEBB-40E6-B823-E9B8DA5EFE44}

THIS IS AN AUTOMATED MESSAGE . THERE’S NO NEED TO REPLY.

Dear Customer,

This is just a note to remind you that your mailbox is nearly full.
This may be as a result of you receiving many emails or large files
that have used up a large part of your quota.

This means that if you don.t deal with it very soon your incoming mail
won’t get to you, but don’t worry it’s easy to sort out. Simply delete
the messages you don’t need from your “Inbox”, “Sent”, “Trash/Deleted”
and any other webmail folder, starting with the oldest ones first.

That way you’ll make plenty of room for your new messages and you’ll
start to receive them straight away. Please remember that we can’t keep
any emails that we can’t deliver to you. So it’s important to make
sure you’ve always got space in your mailbox for incoming messages.

Quota Type: bytes in the mailbox
Quota Available: 11207696
Total Quota: 31457280

PS. Go get Fu***d in jail scumbags!! I hope everyone’s mailboxes are full using up your crappy disc space!!!

22 Sep 08 Small Claims Court – Self Help

This only applies to victims in the US…

For any of you thinking that you cannot take Gisol to Small Claims Court because you cannot get to Los Angeles, please see:

http://www.courtinfo.ca.gov/selfhelp/smallclaims/findright.htm

Gisol’s contract states:

ANY SUIT, ACTION OR PROCEEDING CONCERNING THIS AGREEMENT MUST BE BROUGHT IN A STATE OR FEDERAL COURT LOCATED IN LOS ANGELES, CALIFORNIA, AND EACH OF THE PARTIES HEREBY IRREVOCABLY CONSENTS TO THE EXCLUSIVE JURISDICTION OF SUCH COURTS (AND OF THE APPROPRIATE APPELLATE COURTS THEREFROM) IN ANY SUCH SUIT, ACTION OR PROCEEDING AND IRREVOCABLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY OBJECTION WHICH IT MAY NOW OR HEREAFTER HAVE TO THE LAYING OF THE VENUE OF ANY SUCH SUIT, ACTION OR PROCEEDING IN ANY SUCH COURT OR THAT ANY SUCH SUIT, ACTION OR PROCEEDING WHICH IS BROUGHT IN ANY SUCH COURT HAS BEEN BROUGHT IN AN INCONVENIENT FORUM.

But, as with many points in their contract, it may not actually stand up in court. See this quote from the California Courts Self Help section on Small Claims:

What if I’m suing because of a contract?

You can file in the county where you signed the contract. You can also file where the defendant lived or worked when you signed the contract.

Don’t assume you have to be in Los Angeles to file a small claims – check with your local courts. And don’t just accept the quick answer.

You signed your contract at home on your computer.

A victim posting on this site successfully took Gisol to Small Claims and WON. Read her Story.

11 Sep 08 Gisol’s “Money Back Guarantee” has gone

Gisol’s famous non-existant 30 Day Money Back Guarantee is no longer advertised on their website. At some point this year, their highly trained graphic artist (or a 3 year old) has changed their front page. In fact, it has changed a couple of times over the last couple of years. Using the Internet Archive “Wayback Machine” I managed to get some screen shots:

December 25th, 2006…

December 25th, 2007…

September 10th, 2008…

It’s amazing that the “Special Offer” $5.95 price that’s STILL going to run out soon hasn’t changed, and I LOVE the satisfied customer quotes. I guess they MUST be real?

By the way, the Wayback Machine is great for checking what Policy/Contract you were signing up for at the time.

06 Sep 08 Please help support Report-Gisol.com

As you may have noticed, I’ve added a new donate widget to this post. If you have a few dollars to spare, please help to keep the site running by donating. It’s totally secure, using PayPal.

I’m not asking to make a profit, just to help pay for the hosting, sending letters, making phonecalls often internationally etc. If we get enough and there are other people who need help with the cause, I’m happy to share the donations.

Along with the website itself, the amount of time I’m spending replying and trying to help people around the world is unbelievable. I’m happy to do this for as long as it takes. I want Gisol in jail, and I want everyone to get their money back. I’m just asking for financial help to enable me to keep doing it.

Thanks to you all,

Mike.

If want any further info or want to contact me direct, please email me at report[dot]gisol[at]gmail[dot]com

27 Aug 08 United States Secret Service FAQ: Credit Card Fraud

Even though the following reads for a “non-criminal” complaint and your dispute with Gisol will be criminal, the points below do apply. Taken from the United States Secret Service website FAQ:

What should I do if I think I have been victimized by credit card fraud or identity theft?

If you have been the victim of credit card fraud or identity theft, the following tips will assist you:

If your complaint is essentially a non-criminal dispute with a retailer or other business, you must immediately dispute the charge(s) in writing with the customer relations office of your credit card company.

• Report the crime to the police immediately. Get a copy of your police report or case number. Credit card companies, your bank, and the insurance company may ask you to reference the report to verify the crime.
• Immediately contact your credit card issuers. Get replacement cards with new account numbers and ask that the old account be processed as “account closed at consumer’s request” for credit record purposes. You should also follow up this telephone conversation with a letter to the credit card company that summarizes your requests in writing.
• Call the fraud units of the three credit reporting bureaus. Report the theft of your credit cards and/or numbers. Ask that your accounts be flagged. Also, add a victim’s statement to your report requesting they contact you to verify future credit applications. The following is a list of addresses and numbers to the three credit bureaus:Equifax Credit Information Services – Consumer Fraud Division
  P.O. Box 105496
  Atlanta, Georgia 30348-5496
  Tel: (800) 997-2493
  www.equifax.com

  Experian
  P.O. Box 2104
  Allen, Texas 75013-2104
  Tel: (888) EXPERIAN (397-3742)
  www.experian.com

  Trans Union Fraud Victim Assistance Dept.
  P.O. Box 390
  Springfield, PA 19064-0390
  Tel: (800) 680-7289
  www.transunion.com

• Keep a log of all conversations with authorities and financial entities.
• As with any personal information, only provide your credit card number to merchants you know. Also, remember to protect your social security number. You have to give your social security number for employment and tax purposes, but it is not necessary for many businesses. Notify the Social Security Administration if you suspect your Social Security number has been used fraudulently.
• # The Federal Trade Commission (FTC) is the federal clearinghouse for complaints by victims of identity theft. Although the FTC does not have the authority to bring criminal cases, the Commission assists victims of identity theft by providing them with information to help them resolve the financial and other problems that can result from identity theft. The FTC also may refer victim complaints to other appropriate government agencies and private organizations for further action. If you have been a victim of ID theft, you can file a complaint with the FTC by contacting the FTC’s Consumer Response Center.By phone:
  Toll Free 877-FTC-HELP (382-4357)
  TDD: 202-326-2502

  By mail:
  Consumer Response Center
  Federal Trade Commission
  600 Pennsylvania Ave, NW
  Washington, DC 20580

  On the Internet:
  www.ftc.gov/ftc/complaint.htm

  For consumer information:
  www.ftc.gov/ftc/consumer.htm

19 Aug 08 Problems with Gisol – Self Help.

I thought we could start a self help chapter of arguments for the credit card companies.

This would be my first, but others can add their thoughts as well:

Understand that I am not an attorney and only offer suggestions to help clarify your position with the courts and the credit card companies. Your cases are all different and you must decide if this information works in your case.

1.One of the biggest problems that has come up is that signatures are being either forged or copied to multiple documents as if you did it.
2.These copies are identical, after all they are copies.
3.There is only one signature and that signature can only be originated or tied to one document.
4.Instead of arguing the forgery, argue its value.
5.In other words even if the signature is valid it can only be valid in one place.
6.Gisol either has a agreement that was signed and the bill violates the statue of frauds because it is over $500.00 without a valid signature. Or the order is valid and the agreement isn’t, and if that is the case, there is nothing holding you to the order.
7.Only one of these cases can be true. There is only one signature. And in either case your charge back should be honored.

Another issue that has come up frequently is that of ownership of the domain name. This issue takes on two valid arguments from your side.

1.Because the domain name is the first entry you make and prior to the signing of an agreement.
Gisol took possession of your intellectual property prior to any agreement.
2.The second issue arises from the agreement stating that he owns your intellectual property.
First of all it is highly questionable that that is legal or enforceable. Not even non disclosure agreements designed to protect intellectual property can take ownership of prior knowledge of intellectual property, and it clearly has to say so or the agreement is invalid. But even if it were. You did not bring your domain name into the site. Gisol did, and gisol did it prior to any agreement or purchase. So, even if gisol could argue that he owns your website that you brought into his hosting site. You did not bring the domain name in. Gisol did.

Another issue that comes up all the time that no one is bothering to tackle. The second paragraph of the agreement clearly states that “use“ of services is acceptance of the agreement. This is a critical statement, largely because it is not necessary for a agreement to be valid. It doesn’t say signing the agreement is acceptance, or having used the services is acceptance. It is very specific. Gisol uses the term “use”.

Because of the unnecessary nature of this statement and that it is so specific, it requires you to actually be using the services in order for the contract to be in force. If you stop using it for any reason the contract or agreement is no longer in force. Or is it binding.

Thats a literal interpretation of the contract and you should check that with a good, and I did say GOOD attorney. Or better yet a law school.

15 Aug 08 Please contact LA County District Attorney

The following has been posted on Raoul’s site:

Jim says:

If you have been scammed by GISOL please call the CA district attorney Robert Jackson at 213-580-3324. Robert told me that because GISOL has been using several addresses that they were having trouble finding jurisdiction on the matter. One DA needs as many complaints as we can get him. Please call and tell him your information.

Thanks

Comment — August 14, 2008 @ 10:42 am

Robert Jackson is part of the Los Angeles County District Attorney’s Consumer Protection Division.

Consumer Protection Division
Los Angeles County District Attorney’s Office
201 North Figueroa St., Suite 1600
Los Angeles, CA 90012
(213) 580-3273

UPDATE Oct 1st, 2008:
Dianne Suzuki of the same office has now taken over the Gisol investigation, and is THE person to contact. Her phone number is 213 580 6793. I have her email address also if you want to contact her in that way. Please send me a request on report[dot]gisol[at]gmail[dot]com and I will forward her address to you.

Quote from their website that certainly applies to Gisol:

The District Attorney’s Consumer Protection Division (CPD) investigates and prosecutes unfair or dishonest business practices so that Los Angeles consumers get a dollar’s value for their dollar spent. The division’s work also protects honest business people from dishonest competitors.

Through lawsuits which levy heavy monetary penalties for fraudulent practices and through jail sentences, CPD strives to uphold the California laws which protect the consumer. Examples of fraudulent business practices include:

False Advertising: It is illegal to sell goods or services through the use of untrue or misleading statements. False ads might misrepresent “sale” or “special” prices, or the features of a product, or the availability of sales goods. Read ads carefully, and watch out for fine print at the bottom. The advertiser is at fault if the ad has the tendency to mislead, even if there is no intent to defraud.

Deceptive Sales Practices: Examples of these include the “hard sell,” where high pressure tactics and half-truths are used to force a hasty purchase, and “bait-and-switch,” where consumers are lured into a store with an appealing ad and then switched to a more expensive item.

28 Jul 08 Possible New Scam by Gisol

Be aware of a possible new scam by the crooks at Gisol. They allowed my domain name to expire and it was quickly bought up by a company with the name of Acquire This Name. I offered to buy my domain for $9.95 (the normal domain name fee). Below is a copy of numerous letters that I have received from this company. My offer was insufficient but they will graciously sell it to me at THEIR ridiculous price.
……………………………

Betty Jo

We have received your email regarding the domain bjswebworks.com

The owner of the domain has listed the sales price of $1,750 for this domain.

To purchase this domain, please reply to this email with your contact information and an AcquireThisName.com (ATN) representative will contact the owner on your behalf. Upon hearing from the domain owner, we will notify you.

Best Regards,

Brian
AcquireThisName.com
BrianL[at]AcquireThisName[dot]com
………………………………….
So now they are trying to resell me my domain name and the price is surprisingly close to the $1798.20 that they already stole from me!! DO NOT FALL FOR THIS SCAM! I believe it is the same people that own Gisol. What a racket!!

Betty Jo

26 Jun 08 ALL CONTACT INFO FOR JACK SPIVAK, AND HIS RELATIVES AND NEIGHBORS

22 Jun 08 Fair Credit Billing – FTC Facts for Consumers

Fair Credit Billing Act (taken from the FTC website)

Please also see ConsumerLaw.org

Have you ever been billed for merchandise you returned or never received? Has your credit card company ever charged you twice for the same item or failed to credit a payment to your account? While frustrating, these errors can be corrected. It takes a little patience and knowledge of the dispute settlement procedures provided by the Fair Credit Billing Act (FCBA).

The law applies to “open end” credit accounts, such as credit cards, and revolving charge accounts – such as department store accounts. It does not cover installment contracts – loans or extensions of credit you repay on a fixed schedule. Consumers often buy cars, furniture and major appliances on an installment basis, and repay personal loans in installments as well.

What types of disputes are covered?

The FCBA settlement procedures apply only to disputes about “billing errors.” For example:

* unauthorized charges. Federal law limits your responsibility for unauthorized charges to $50;
* charges that list the wrong date or amount;
* charges for goods and services you didn’t accept or weren’t delivered as agreed;
* math errors;
* failure to post payments and other credits, such as returns;
* failure to send bills to your current address – provided the creditor receives your change of address, in writing, at least 20 days before the billing period ends; and
* charges for which you ask for an explanation or written proof of purchase along with a claimed error or request for clarification.

To take advantage of the law’s consumer protections, you must:

* write to the creditor at the address given for “billing inquiries,” not the address for sending your payments, and include your name, address, account number and a description of the billing error.
* send your letter so that it reaches the creditor within 60 days after the first bill containing the error was mailed to you.

Send your letter by certified mail, return receipt requested, so you have proof of what the creditor received. Include copies (not originals) of sales slips or other documents that support your position. Keep a copy of your dispute letter.

The creditor must acknowledge your complaint in writing within 30 days after receiving it, unless the problem has been resolved. The creditor must resolve the dispute within two billing cycles (but not more than 90 days) after receiving your letter.

Date
Your Name
Your Address
Your City, State, Zip Code
Your Account Number

Name of Creditor
Billing Inquiries
Address
City, State, Zip Code

Dear Sir or Madam:

I am writing to dispute a billing error in the amount of $______on my account. The amount is inaccurate because (describe the problem). I am requesting that the error be corrected, that any finance and other charges related to the disputed amount be credited as well, and that I receive an accurate statement.

Enclosed are copies of (use this sentence to describe any enclosed information, such as sales slips, payment records) supporting my position. Please investigate this matter and correct the billing error as soon as possible.

Sincerely,
Your name
Enclosures: (List what you are enclosing.)

What happens while my bill is in dispute?

You may withhold payment on the disputed amount (and related charges), during the investigation. You must pay any part of the bill not in question, including finance charges on the undisputed amount.

The creditor may not take any legal or other action to collect the disputed amount and related charges (including finance charges) during the investigation. While your account cannot be closed or restricted, the disputed amount may be applied against your credit limit.

Will my credit rating be affected?

The creditor may not threaten your credit rating or report you as delinquent while your bill is in dispute. However, the creditor may report that you are challenging your bill. In addition, the Equal Credit Opportunity Act prohibits creditors from discriminating against credit applicants who exercise their rights, in good faith, under the FCBA. Simply put, you cannot be denied credit simply because you’ve disputed a bill.

What if…
…the bill is incorrect?

If your bill contains an error, the creditor must explain to you – in writing – the corrections that will be made to your account. In addition to crediting your account, the creditor must remove all finance charges, late fees or other charges related to the error.

If the creditor determines that you owe a portion of the disputed amount, you must get a written explanation. You may request copies of documents proving you owe the money.

…the bill is correct?

If the creditor’s investigation determines the bill is correct, you must be told promptly and in writing how much you owe and why. You may ask for copies of relevant documents. At this point, you’ll owe the disputed amount, plus any finance charges that accumulated while the amount was in dispute. You also may have to pay the minimum amount you missed paying because of the dispute.

If you disagree with the results of the investigation, you may write to the creditor, but you must act within 10 days after receiving the explanation, and you may indicate that you refuse to pay the disputed amount. At this point, the creditor may begin collection procedures. However, if the creditor reports you to a credit bureau as delinquent, the report also must state that you don’t think you owe the money. The creditor must tell you who gets these reports.

…the creditor fails to follow the procedure?

Any creditor who fails to follow the settlement procedure may not collect the amount in dispute, or any related finance charges, up to $50, even if the bill turns out to be correct. For example, if a creditor acknowledges your complaint in 45 days – 15 days too late – or takes more than two billing cycles to resolve a dispute, the penalty applies. The penalty also applies if a creditor threatens to report – or improperly reports – your failure to pay to anyone during the dispute period.

An important caveat

Disputes about the quality of goods and services are not “billing errors,” so the dispute procedure does not apply. However, if you buy unsatisfactory goods or services with a credit or charge card, you can take the same legal actions against the card issuer as you can take under state law against the seller.

To take advantage of this protection regarding the quality of goods or services, you must:

* have made the purchase (it must be for more than $50) in your home state or within 100 miles of your current billing address;
* make a good faith effort to resolve the dispute with the seller first.

The dollar and distance limitations don’t apply if the seller also is the card issuer – or if a special business relationship exists between the seller and the card issuer.

Other billing rights

Businesses that offer “open end” credit also must:

* give you a written notice when you open a new account – and at certain other times – that describes your right to dispute billing errors;
* provide a statement for each billing period in which you owe – or they owe you – more than one dollar;
* send your bill at least 14 days before the payment is due – if you have a period within which to pay the bill without incurring additional charges;
* credit all payments to your account on the date they’re received, unless no extra charges would result if they failed to do so. Creditors are permitted to set some reasonable rules for making payments, say setting a reasonable deadline for payment to be received to be credited on the same date; and
* promptly credit or refund overpayments and other amounts owed to your account. This applies to instances where your account is owed more than one dollar. Your account must be credited promptly with the amount owed. If you prefer a refund, it must be sent within seven business days after the creditor receives your written request. The creditor must also make a good faith effort to refund a credit balance that has remained on your account for more than six months.

Suing the creditor

You can sue a creditor who violates the FCBA. If you win, you may be awarded damages, plus twice the amount of any finance charge – as long as it’s between $100 and $1,000. The court also may order the creditor to pay your attorney’s fees and costs.

If possible, hire a lawyer who is willing to accept the amount awarded to you by the court as the entire fee for representing you. Some lawyers may not take your case unless you agree to pay their fee – win or lose – or add to the court-awarded amount if they think it’s too low.

Reporting FCBA violations

The FTC works for the consumer to prevent fraudulent, deceptive, and unfair business practices in the marketplace and to provide information to help consumers spot, stop, and avoid them. To file a complaint or to get free information on consumer issues, visit ftc.gov or call toll-free, 1-877-FTC-HELP (1-877-382-4357); TTY: 1-866-653-4261. The FTC enters Internet, telemarketing, identity theft, and other fraud-related complaints into Consumer Sentinel, a secure online database available to hundreds of civil and criminal law enforcement agencies in the U.S. and abroad.