Axer Lens = Scam / Ripoff . Run Quick! Friend Ripped Off

[unpopular]

Ill keep you updated what happens as I learn about it. The best thing tho is that his thread does show up high on Google search .

Would you mind revealing the name of the camera company, so that people can avoid it?

 

[pixmedic]

Ill keep you updated what happens as I learn about it. The best thing tho is that his thread does show up high on Google search .

Would you mind revealing the name of the camera company, so that people can avoid it?

^^fo realz yo...i live in the orlando area and would love to avoid camera stores that rip people off. Drop the dime on this place already.

 

[Majeed Badizadegan]

Update:

Im somewhat surprised at all the people who are claiming I made it up, what possible motivation/gain would I have for that? I can assure you that unfortunately the story is real and the reason I don't know the name of the store is because at the time it was irrelevant and didn't ask. The fraud happened at a small mom and pop shop in Orlando FL and we live approximately 1.5 hours away.

I did end up telling my friend and she took it rather well. Obviously she wasn't happy when I told her about the scam aspect and probability she wouldn't be able to get a refund, but she was glad I told her. She immediately called the store and began to get the run around from the sales guy. He told her to "try" it for 6 months then come back. Gave her the "you got a great deal why do you want to return it" etc etc just bull****ting her and giving her the run around. I found out that luckily the purchase was made on a credit card. She immediately called them and told them about the situation and the fraud. Credit card company told her at this time since the charge hadn't made it through yet they wouldn't take any action until then.

Unfortunately that's all the update I have at this point. She told me in retrospect now knowing that it was scam a lot of things made sense on how the guy acted etc. When she went into the store he specifically asked her if she was a pro or amatuer and how long she had been shooting etc. The #1 thing that bothers me is she went in knowing what she wanted and had directly asked for that product. The scumbag salesman then proceeds to question her decision and do the salesman gig pushing her towards the scam item. She knows better now, but its a shame to see her get scammed for such a large amount.

I honestly don't know if she would even have any legal recourse since its a sham company, but regardless the item MSRP is really high and she made a legit purchase.

Ill keep you updated what happens as I learn about it. The best thing tho is that his thread does show up high on Google search .

Glad you told her. You did the right thing. Couldn't have really called yourself a friend if you hadn't told her.

Now as far as her proceeding to call the store, I think everyone here pretty much agreed that is the weakest possible way to approach this situation. Also, the longer the store stalls, the more grounds they have to claim that they don't do refunds past X number of days.

You need to get in there in person. Again, if it was me, I'd call the local police department and explain the situation to a police officer. Ask them what they would advise you to do, maybe if you're lucky they'll send a cop with you. Nothing says good business to a potential customer in a store when they see an angry customer bringing in muscle and making noise. Bad for business.

Going forth with a fraud claim on the credit card is a roundabout way of dealing with the real issue. The real issue is the store scammed you. They should be issuing a refund and an apology at the very, very least.

Again, I don't think the consumer is ever powerless in this situation. The store wants to make you believe that you are weak and powerless in this situation, so they keep the money and you get screwed.

Don't roll over.

 

[Majeed Badizadegan]

You also need to divulge the store name/address/phone number or this thread is useless as far as outing the specific shady business. Could be any store in Florida.

 

[JBrown]

As soon as I find out the store name ill post it.

 

[Tony S]

She needs to physically walk in the store and demand a refund. Otherwise they can keep pushing her off until they say "it's too late, you've had it too long". It is so very easy for them to push her aside on the phone, she needs in person contact and if needed a friend with her for support.

 

[panblue]

Hope it all works out OK; best of luck.

 

[Overread14 2]

I'll fully agree that she needs to go into the shop and demand a refund - considering the questions the person asked her I suspect if you go with her and identify yourself as a pro they'll probably just want you and her out of the shop as fast as possible and not making a scene.

I wouldn't bother with the police at this stage, it seems a major overreaction and I seriously doubt that anyone running a shop (scam or no scam) is suddenly going to pull some crazy violence or random scene or run out the back door over this. Again she needs to walk in and demand a refund - most of the protections and measures other parties can take will only come into effect after that demand has been clearly made and the shop given the option to deny or accept. If they accept you walk away clean if they deny then you can bring in the other parties to take action.

 

[unpopular]

the police will serve no purpose at all. what they did may or may not have been illegal, but likely not criminally illegal - unless outright fraud has been committed, like if the lens was counterfeit, this is probably more of a civil contract issue. People don't realize that there are two legal systems in the United States, this is a civil issue, and only the criminal justice system the police have jurisdiction.

 

[panblue]

People don't realize that there are two legal systems in the United States, this is a civil issue, and only the criminal justice system the police have jurisdiction.

You've reminded me of something here in the UK..I go in a petrol (gas) station and while I'm waiting to pay, there's a sign which say it's a criminal offence to drive away without paying. Unless the fuel companies enjoy the protection of a special law, I find it doubtful that this is valid. Owing money for goods purchased/services rendered hasn't been a criminal offence in England as far as I know, for a long, long time (i.e Charles Dickens era).

 

[Overread14 2]

True but you also owe tax on that fuel as well the tax owed might be part of the criminal side.

That said they might also be allowed to post such a notice because there is a difference between the legal definition of criminal and the social meaning of the word criminal.

 

[panblue]

True but you also owe tax on that fuel as well the tax owed might be part of the criminal side.

That said they might also be allowed to post such a notice because there is a difference between the legal definition of criminal and the social meaning of the word criminal.

True; Des O'Connor is known for a long list of criminal records and, well, as Spinal Tap said.. "it's such a fine line between stupid and clever".

 

[John27]

People don't realize that there are two legal systems in the United States, this is a civil issue, and only the criminal justice system the police have jurisdiction.

You've reminded me of something here in the UK..I go in a petrol (gas) station and while I'm waiting to pay, there's a sign which say it's a criminal offence to drive away without paying. Unless the fuel companies enjoy the protection of a special law, I find it doubtful that this is valid. Owing money for goods purchased/services rendered hasn't been a criminal offence in England as far as I know, for a long, long time (i.e Charles Dickens era).

I don't know about the UK, but the state I live in has a SPECIFIC law for driving away without paying for fuel. I believe the 'on paper' punishment is one year in prison, max of a $10,000 fine, and a suspension of your license (I think for one year). I believe they cite it as a form of tax evasion. BUT, either way, there is a serious difference here. If you buy the fuel 'on credit', with an agreement to pay but you don't pay, then it's a civil issue. If you take the fuel with the 'owner' of the fuel expecting you to pay immediately, with no agreement for delayed payment, then you are STEALING the fuel.

If I don't make my house payment, the bank will file a lawsuit against me (foreclosure) and will take posession of the home. The police will be there to secure the building and supervise the bank removing my personal belongings, but ultimately it's a civil matter, I won't go to jail for failing to pay my debt.

BUT, and here we go again, bouncing a check IS a crime. If I right a check for a product, and the check doesn't clear, it's a crime. If the check was for over $1,000, it's a felony that could result in prison time. But, then again, it's not about owing money that a lender agreed to let me owe, it was about agreeing to pay for something, taking the product, and not paying for it.

In THIS case, I agree with others, this is NOT a criminal issue. If you were given counterfeit goods, it would be, since that's a crime. So, if I went to a store and bought an Apple iPad, and I got home and in the box was a piece of wood, or a chinese knock-off android tablet called an "I-Pad Pro Edition Super Ultra Max" or something, THEN I could involve the police in someone selling counterfeit goods (Selling me a knock off tablet, and telling me it is an authentic iPad). But even THEN, I would only get compensation if I sue them, the police will only handle the criminal side of things, and they will NOT just 'let it go' if they give me the money back, so there is no 'threatening' with the police, if they have committed a crime, the police will investigate and the prosecutors will prosecute, whether or not you get paid is none of their concern. Some prosecuting attorneys might incorporate reparations in the judgement, so in a couple years, you MIGHT have a court order requiring them to pay, but it all depends on how good their defense attorney is! If you want to get paid, and feel you have been wronged, file a suit in the civil courts. You have a legal right to settle debts over $20 in a court of law. You paid more than that, and feel that you were wronged, so let a court decide!

Though, I would still push the refund. It would be much easier and cheaper to get them to comply, rather than sue them. Be polite, but stern. As a last ditch effort, say "You know, I really need to get my money back for this lens, I don't think you were honest with me, and I might have to consult an attorney about what I need to do beyond this if you won't give me a refund". You might get a response like "Oh, well, no need for that, just bring it back" and probably a "But, I gave you a great deal" or other guilt-tripping or even name calling, but who cares, you'll get your money back.

 

[unpopular]

I'm not really sure I see stealing gas any different than shoplifting? Maybe not?

 

[PlanetStarbucks]

I'm not really sure I see stealing gas any different than shoplifting? Maybe not?

Yeh, that's really all that needed to be said on that issue. Stealing gas = theft = criminal

So, I hate to be "that guy" on this thread, but...your friend's only recourse here is to get a refund. To that end, feel free to do whatever. Were it me, I'd walk in the store ask the rep for the refund, we'd have a little such and such but I would always end with that I want to return it. If they won't then I'd talk to the manager. Then if they don't and there's no one higher in the store then you write the corporate office or owner a letter. And then finally I'd drop the BBB complaint and slander (err...politely descibe their service) on every review website I can find.

I say this, because a lot of us are going on about it being fraud, but this really isn't. What happened is caveat emptor - buyer beware. There was a product, your friend made a decision to purchase that product and they agreed on a price. The only way you can raise that to a level of fraud is be able to prove in a court of law (beyond a shadow of doubt) that the rep knowingly and intentionally misrepresented the product or it's capabilities and used that to entice the purchase. Even if you could prove that he said something incorrect, you would still have to be able to prove that he did so with the intent of defrauding your friend.

Also, going to the bank that has the card isn't going to solve anything either. The dispute will go through the normal process, but unless it was a fraudulent transaction (i.e. someone not the card holder using it) or the goods were never delivered by the merchant the charge will likely stand as is. They'll drop the provisional credit in the meantime, but once the process is complete (up to 90 days) they can pull back the credit if it doesn't meet the criteria. Keep in mind that when this happens the bank is literally reaching into their own pocket to give the card hold money back. In many cases they have no way to recover the money from a disallowed transaction. So they're only going to give the money back if they really have to. That said, some banks are a lot more forgiving then others, so hell they might give it back anyway. I'm just saying, don't count on the bank to give the money back cause based on what's described they won't.