re: small claims court and brandarama/mpell

Live forum: http://forum.freeipodguide.com/viewtopic.php?t=78508

kinneylamb

28-02-2009 23:49:54

to all those concerned on this board, you can claim in excess of a few thousand dollars in small claims court. false advertising goes beyond the dictionary definition, this promotion would fall under goods. what you want to do, is consult a lawyer and get free advice if you can, to see how this would play out in court before you go.

notes
1. please don't bicker at each other in this thread, please.

2. please don't lock this thread because it's considered a double of a locked topic, because i was unable to reply to that one.

3. btw i dont agree with locking threads because of bickering, however annoying it is to read, maybe a warning or 1-day ban because i agree it's rampant on this forum.

freeipodplayer

01-03-2009 09:21:50

consult a lawyer and get free advice does not belong in the same sentence.

SkatingCrippled

01-03-2009 10:15:53

Wow.

You HONESTLY couldn't FIND a way to come up with the money in advance? I'm not going to go in depth here, but REALLY?

I think what Brandarama did was awesome; we will all have our gifts in a month or two, as compared to a year or more if they kept on with what they were doing.

And honestly, I don't feel one bit of pity towards you; you're probably one of the people who did 10 of Brandarama's sites, thus ruining it for everyone else. And if you're not, I apologize.

wiebelhaus03

01-03-2009 11:02:07

how is doing 10 sites ruining it for everyone? Unless someone repeated the same site 10 times its not breaking any rules.....it's actually what brandarama wants. More signups=more money, which is why they have so many sites in the first place

Eeyore

01-03-2009 11:24:13

Considering the terms of service you agreed to when you signed up for any of their sites, your case would last just long enough for it to be called and summarily dismissed. You agreed that ARG could change the terms at any time to whatever they want them to be.

Also considering that the end result of you purchasing (for example) a $500 Visa card and then getting a $500 rebate for said purchase results in the Visa being "free" ARG would have technically upheld their end of the bargain. That you have insufficient resources to complete your end is of no concern to a court.

There, I saved you several hundred dollars in legal fees.

Finally, as a practical matter there are multiple ways you could have met the new redemption terms without being out of pocket more than a few dollars.

TravMan162

01-03-2009 12:15:13

[quoteb034b04f11="kinneylamb"]to all those concerned on this board, you can claim in excess of a few thousand dollars in small claims court. false advertising goes beyond the dictionary definition, this promotion would fall under goods. what you want to do, is consult a lawyer and get free advice if you can, to see how this would play out in court before you go.

notes
1. please don't bicker at each other in this thread, please.

2. please [ub034b04f11][bb034b04f11]do[/ub034b04f11][/bb034b04f11] lock this thread because it's considered a double of a locked topic, because i was unable to reply to that one.

3. btw i [bb034b04f11][ub034b04f11]definitely[/bb034b04f11][/ub034b04f11] agree with locking threads because of bickering, however annoying it is to read, [bb034b04f11][ub034b04f11]please give me a [/bb034b04f11][/ub034b04f11] 1-day ban because i agree it's rampant on this forum.[/quoteb034b04f11]


fixed

zr2152

01-03-2009 12:30:24

IBTL

ashilef

01-03-2009 12:38:28

[quote89d48e1a0f="SkatingCrippled"]Wow.

You HONESTLY couldn't FIND a way to come up with the money in advance? I'm not going to go in depth here, but REALLY?

I think what Brandarama did was awesome; we will all have our gifts in a month or two, as compared to a year or more if they kept on with what they were doing.

And honestly, I don't feel one bit of pity towards you; you're probably one of the people who did 10 of Brandarama's sites, thus ruining it for everyone else. And if you're not, I apologize.[/quote89d48e1a0f]

Way to throw out assumptions there smart guy! roll

mistertomlinson

01-03-2009 12:38:44

SLLDKGNNFO

dubbin87

01-03-2009 15:03:07

[quote117cb75507="Eeyore"]
Finally, as a practical matter there are multiple ways you could have met the new redemption terms without being out of pocket more than a few dollars.[/quote117cb75507].

SkatingCrippled

01-03-2009 17:33:13

[quoted0d24df7f1="wiebelhaus03"]how is doing 10 sites ruining it for everyone? Unless someone repeated the same site 10 times its not breaking any rules.....it's actually what brandarama wants. More signups=more money, which is why they have so many sites in the first place[/quoted0d24df7f1]

So you're saying that Brandarama likes it when people complete 10+ sites?

Brandarama does not make money off people who actually complete their sites, especially if those people do 10+ sites.

So no offense really, but you are very, very wrong. Brandarama makes their cash from people who don't finish, or at least submit their emails and quit.

SkatingCrippled

01-03-2009 17:36:32

[quote8c47bb5738="ashilef"][quote8c47bb5738="SkatingCrippled"]Wow.

You HONESTLY couldn't FIND a way to come up with the money in advance? I'm not going to go in depth here, but REALLY?

I think what Brandarama did was awesome; we will all have our gifts in a month or two, as compared to a year or more if they kept on with what they were doing.

And honestly, I don't feel one bit of pity towards you; you're probably one of the people who did 10 of Brandarama's sites, thus ruining it for everyone else. And if you're not, I apologize.[/quote8c47bb5738]

Way to throw out assumptions there smart guy! roll[/quote8c47bb5738]

And I'm guessing that it was a true assumption. I highly doubt that someone is going to take Brandarama to court over $500 or $1000.
I think it's safe to say that the OP had MULTIPLE sites completed. But who knows, I may be wrong, the OP might just have trouble coming up with $500, and he hasn't really though about his actual options.

However, that wasn't the point of my argument. The OP is going to get nowhere with a lawsuit; the only thing he'll gain is a lot of wasted time, energy, and money.

wiebelhaus03

01-03-2009 17:46:17

[quotedef351cd7d="SkatingCrippled"][quotedef351cd7d="wiebelhaus03"]how is doing 10 sites ruining it for everyone? Unless someone repeated the same site 10 times its not breaking any rules.....it's actually what brandarama wants. More signups=more money, which is why they have so many sites in the first place[/quotedef351cd7d]

So you're saying that Brandarama likes it when people complete 10+ sites?

Brandarama does not make money off people who actually complete their sites, especially if those people do 10+ sites.

So no offense really, but you are very, very wrong. Brandarama makes their cash from people who don't finish, or at least submit their emails and quit.[/quotedef351cd7d]

The point is there's nothing wrong with completing that many sites as long as it is done legitimately, which is very easy to do with a 1+ year span to do offers that rotate regularly.

People completing the sites is part of brandarama's business model. I didn't mean to say brandarama likes it for people to complete that many sites, but they know it's coming and there's absolutely no reason for you to complain about people completing the sites

ashilef

01-03-2009 18:13:39

[quotefb6334eaa9="SkatingCrippled"][quotefb6334eaa9="ashilef"][quotefb6334eaa9="SkatingCrippled"]Wow.

You HONESTLY couldn't FIND a way to come up with the money in advance? I'm not going to go in depth here, but REALLY?

I think what Brandarama did was awesome; we will all have our gifts in a month or two, as compared to a year or more if they kept on with what they were doing.

And honestly, I don't feel one bit of pity towards you; you're probably one of the people who did 10 of Brandarama's sites, thus ruining it for everyone else. And if you're not, I apologize.[/quotefb6334eaa9]

Way to throw out assumptions there smart guy! roll[/quotefb6334eaa9]

And I'm guessing that it was a true assumption. I highly doubt that someone is going to take Brandarama to court over $500 or $1000.
I think it's safe to say that the OP had MULTIPLE sites completed. But who knows, I may be wrong, the OP might just have trouble coming up with $500, and he hasn't really though about his actual options.

However, that wasn't the point of my argument. The OP is going to get nowhere with a lawsuit; the only thing he'll gain is a lot of wasted time, energy, and money.[/quotefb6334eaa9]

Actually the person who posted this did come up with the money and sent in their certs (he's from another forum). He was probably just posting this for those who MIGHT want to take ARG to court.

kinneylamb

01-03-2009 19:32:05

i mailed in my certs with my receipts and got processed for them. i just didn't like the answers on the other thread, so i wanted to add my own reply to those few who actually want to try to sue.

to skating crippled doing 10+ sites is good business for brandarama, provided you actually sign up for and keep some of the offers you like. if you're only signing up for offers to get the free gift, and you don't keep the offers on purpose, then it does drain brandarama's and the offers' business. it makes good sites harder to come by in the future.

man weibel is every thread like this?

edit thanks ashilef

Eeyore

01-03-2009 20:30:09

I'll say it once more, and more direclty Suing Brandarama for this is a non-starter You'll lose at summary judgment as soon as the Terms of Service are submitted as evidence. Don't encourage people to waste their time and money.

kinneylamb

01-03-2009 21:00:19

i read that but i wanted to offer actual advice to other people cause the other thread was a bicker crap thread. i know what you're saying, but some people need to find out for themselves ya know?

p.s. chillll

HYPE.

01-03-2009 21:43:59

[quoteb92a0bbbba="kinneylamb"]doing 10+ sites is good business for brandarama,[/quoteb92a0bbbba]

Keeping offers has nothing to do with how much money brandarama gets. They don't get paid if you cancel right away and they revoke your credit, but it doesn't matter if you keep a 30 day trial for 29 days or 100 days. Every time somebody successfully completes a site they lose a whole bunch of money.

wiebelhaus03

01-03-2009 21:55:52

[quote10de2e7042="HYPE."][quote10de2e7042="kinneylamb"]doing 10+ sites is good business for brandarama,[/quote10de2e7042]

Keeping offers has nothing to do with how much money brandarama gets. They don't get paid if you cancel right away and they revoke your credit, but it doesn't matter if you keep a 30 day trial for 29 days or 100 days. Every time somebody successfully completes a site they lose a whole bunch of money.[/quote10de2e7042]

This is true, but keeping offers still indirectly benefits brandarama since the advertisers will stay with them for longer periods of time

ghounds07

01-03-2009 22:27:47

[quote09cd831035="wiebelhaus03"][quote09cd831035="HYPE."][quote09cd831035="kinneylamb"]doing 10+ sites is good business for brandarama,[/quote09cd831035]

Keeping offers has nothing to do with how much money brandarama gets. They don't get paid if you cancel right away and they revoke your credit, but it doesn't matter if you keep a 30 day trial for 29 days or 100 days. Every time somebody successfully completes a site they lose a whole bunch of money.[/quote09cd831035]

This is true, but keeping offers still indirectly benefits brandarama since the advertisers will stay with them for longer periods of time[/quote09cd831035]

Oh, I gotcha, so how long do you guys do your offers for? I've had mine for years.

HYPE.

01-03-2009 22:58:15

[quote517c903e2d="wiebelhaus03"][quote517c903e2d="HYPE."][quote517c903e2d="kinneylamb"]doing 10+ sites is good business for brandarama,[/quote517c903e2d]

Keeping offers has nothing to do with how much money brandarama gets. They don't get paid if you cancel right away and they revoke your credit, but it doesn't matter if you keep a 30 day trial for 29 days or 100 days. Every time somebody successfully completes a site they lose a whole bunch of money.[/quote517c903e2d]

This is true, but keeping offers still indirectly benefits brandarama since the advertisers will stay with them for longer periods of time[/quote517c903e2d]

I have this feeling that a good amount of these companies don't even realize that they're on these sites. They might just think they're advertising pay-per-click ads on a random site.

ghounds07

01-03-2009 23:23:45

[quote7436ec836c="HYPE."][quote7436ec836c="wiebelhaus03"][quote7436ec836c="HYPE."][quote7436ec836c="kinneylamb"]doing 10+ sites is good business for brandarama,[/quote7436ec836c]

Keeping offers has nothing to do with how much money brandarama gets. They don't get paid if you cancel right away and they revoke your credit, but it doesn't matter if you keep a 30 day trial for 29 days or 100 days. Every time somebody successfully completes a site they lose a whole bunch of money.[/quote7436ec836c]

This is true, but keeping offers still indirectly benefits brandarama since the advertisers will stay with them for longer periods of time[/quote7436ec836c]

I have this feeling that a good amount of these companies don't even realize that they're on these sites. They might just think they're advertising pay-per-click ads on a random site.[/quote7436ec836c]

Yeah, that sounds legit.

freeipodplayer

01-03-2009 23:51:01

[quote796b8edffb="HYPE."][quote796b8edffb="wiebelhaus03"][quote796b8edffb="HYPE."][quote796b8edffb="kinneylamb"]doing 10+ sites is good business for brandarama,[/quote796b8edffb]

Keeping offers has nothing to do with how much money brandarama gets. They don't get paid if you cancel right away and they revoke your credit, but it doesn't matter if you keep a 30 day trial for 29 days or 100 days. Every time somebody successfully completes a site they lose a whole bunch of money.[/quote796b8edffb]

This is true, but keeping offers still indirectly benefits brandarama since the advertisers will stay with them for longer periods of time[/quote796b8edffb]

I have this feeling that a good amount of these companies don't even realize that they're on these sites. They might just think they're advertising pay-per-click ads on a random site.[/quote796b8edffb]

No, they do know.

ghounds07

02-03-2009 00:37:19

[quote8c025baffb="freeipodplayer"][quote8c025baffb="HYPE."][quote8c025baffb="wiebelhaus03"][quote8c025baffb="HYPE."][quote8c025baffb="kinneylamb"]doing 10+ sites is good business for brandarama,[/quote8c025baffb]

Keeping offers has nothing to do with how much money brandarama gets. They don't get paid if you cancel right away and they revoke your credit, but it doesn't matter if you keep a 30 day trial for 29 days or 100 days. Every time somebody successfully completes a site they lose a whole bunch of money.[/quote8c025baffb]

This is true, but keeping offers still indirectly benefits brandarama since the advertisers will stay with them for longer periods of time[/quote8c025baffb]

I have this feeling that a good amount of these companies don't even realize that they're on these sites. They might just think they're advertising pay-per-click ads on a random site.[/quote8c025baffb]

No, they do know.[/quote8c025baffb]

Wait, was hype joking..

kinneylamb

02-03-2009 03:33:33

hype may be right. some companies seem to have no clue, where others are definately very aware (you should know one).
the offer companies join an affiliate network, and the incentive (freebie) company joins the affiliate network from the other side, and the offer gets passed along to whoever wants it. tho some offer companies have their own affiliate system that freebie companies can directly sign up to.

RolltheStampede

02-03-2009 07:14:17

[quoteea5f2210ca="SkatingCrippled"] you're probably one of the people who did 10 of Brandarama's sites, thus ruining it for everyone else.[/quoteea5f2210ca]

No im sure those people had the means to fund a buying spree to get all of there cash.

RolltheStampede

02-03-2009 07:20:45

[quotea9dcb94af6="kinneylamb"]hype may be right. some companies seem to have no clue, where others are definately very aware (you should know one).
the offer companies join an affiliate network, and the incentive (freebie) company joins the affiliate network from the other side, and the offer gets passed along to whoever wants it. tho some offer companies have their own affiliate system that freebie companies can directly sign up to.[/quotea9dcb94af6]

John Scherer knows, He probably has a forum account

freeipodplayer

02-03-2009 19:48:20

[quote0c42474e19="kinneylamb"]hype may be right. some companies seem to have no clue, where others are definately very aware (you should know one).
the offer companies join an affiliate network, and the incentive (freebie) company joins the affiliate network from the other side, and the offer gets passed along to whoever wants it. tho some offer companies have their own affiliate system that freebie companies can directly sign up to.[/quote0c42474e19]

Yes, but affiliate networks are VERY strict on incentive gifts. All of these companies KNOW they are on these sites. Most will ban you from the network if you incent an offer that isn't allowed to be.

zr2152

02-03-2009 20:34:08

[quote00592941b4="freeipodplayer"][quote00592941b4="kinneylamb"]hype may be right. some companies seem to have no clue, where others are definately very aware (you should know one).
the offer companies join an affiliate network, and the incentive (freebie) company joins the affiliate network from the other side, and the offer gets passed along to whoever wants it. tho some offer companies have their own affiliate system that freebie companies can directly sign up to.[/quote00592941b4]

Yes, but affiliate networks are VERY strict on incentive gifts. All of these companies KNOW they are on these sites. Most will ban you from the network if you incent an offer that isn't allowed to be.[/quote00592941b4]

I guarantee you that many if not all of the offers these sites run are directly from the company themselves. Although some may not be, some most definitely are.

There are still many offers out there that can still be used on incentive sites.

Captain All That

26-03-2009 12:50:54

It still makes no sense why a company would cut their profit margin by hiring another company to ship off the gifts they're paying for.

I call Shannanigans.

Mpell may be legit... but they ain't shipping nothing until Brandarama pays them.

LucaBella

26-03-2009 18:54:49

by hiring out a firm to send out letters, and removing themselves from liability "hey, we paid a company to contact you", when 60% of the casual customers don't do the rebate deal because they didn't get the letter, or didn't trust it, or didn't understand they had no other options, brandywine saves an assload of money. Legally. they also weed out people who for whatever reason shouldn't qualify, perhaps people signed up in fake names or they signed up underage... there's lots of opportunity for them not to be able to submit the voucher with ID. More breakage. This is all about profits and making/saving money. but then again, so is everything.

heather77

27-03-2009 13:53:00

My 2 cents
When I joined this forum I thought everyone was pretty nice and helpful. I enjoy getting on here and hearing everyone's stories about their trials and tribulations in their quest for free crap...
It's weird to see so much bickering, I think everyone on this forum is just experiencing stress caused by a down economy and a decrease in lucrative freebie opportunities... and this mPell thing has really freaked everyone out because it's unknown territory. At least when we were dealing with BR, we felt secure in the site's proven track record, and that we would get our money slowly but surely. I know others have already said it, but lets just r e l a x for a minute. We don't have to blame each other for the freebie scene going down the drain, who cares whose fault it is, everything sucks right now in this recession and that includes freebies. Lets just try to use this forum for support while we're going through this whole mPell crap, and hopefully we can celebrate together if/when we all receive big fat checks next month.

kinneylamb

30-03-2009 23:58:01

[quote7a8f08786b="LucaBella"]by hiring out a firm to send out letters, and removing themselves from liability "hey, we paid a company to contact you", when 60% of the casual customers don't do the rebate deal because they didn't get the letter, or didn't trust it, or didn't understand they had no other options, brandywine saves an assload of money. Legally. they also weed out people who for whatever reason shouldn't qualify, perhaps people signed up in fake names or they signed up underage... there's lots of opportunity for them not to be able to submit the voucher with ID. More breakage. This is all about profits and making/saving money. but then again, so is everything.[/quote7a8f08786b]
you can bet your monkey's uncle that way less than 60% did not complete the rebate. this isn't a rebate from a rite aid receipt, it's something people have invested in and waited for a long time. especially because many people's gifts are gift cards, gift cards that can be substituted for a visa gift card, what's the harm in trying it when you can still have the money for day to day living.

LucaBella

31-03-2009 03:50:32

I think you're judging this by FIG people, when we represent a small portion of brandarama's customers. There are plenty of people who are not on freebie boards who've moved and didn't get the letter, or who thought they could keep waiting for the money, or who couldn't front the cash. I'd say a ton of people didn't do the Mpell thing for whatever reason, but I'd bet that the people who did have really large amounts owed and if they can knock down their payment amounts further, they will, by any means necessary.

kinneylamb

31-03-2009 06:10:45

i took those other people into account as well. i think that every person who participated in this program, remembers that they did it. and would be attentive when receiving a letter, finally, about it. i just saw someone on the news who did a brandarama site, he never forgot about it. only a small % will have moved, to disqualify them. and again im hard pressed to think with the gift card option, and the substitution, and the visa, that it's not only hard to pass up, but one of those "nothing to lose" scenarios, where its exciting to give it a try. if someone said you can receive your $500 if you purchase a $500 visa yourself with the receipt, i'd give it a try. its not like they'd have any more info about me than they already did.

Eeyore

31-03-2009 08:32:20

[quotea4bd7f84eb="kinneylamb"]people have invested in[/quotea4bd7f84eb]
That phrase should never be used in conjunction with a freebie site. It's the same as saying I 'invested in' the blackjack tables at Harrahs.

Given the available information Mpell appears to expect somewhere between 10% and 20% redemption rates for its programs. Even if you count every member posting in the Brandarama threads here and elsewhere I doubt it amounts to more than a couple thousand people and those are the most motivated and attentive. Assuming that the rest of their mailing list is the same is rather naive.

SkatingCrippled.

31-03-2009 10:11:37

[quotec2c8c9c8bc="zr2152"][quotec2c8c9c8bc="freeipodplayer"][quotec2c8c9c8bc="kinneylamb"]hype may be right. some companies seem to have no clue, where others are definately very aware (you should know one).
the offer companies join an affiliate network, and the incentive (freebie) company joins the affiliate network from the other side, and the offer gets passed along to whoever wants it. tho some offer companies have their own affiliate system that freebie companies can directly sign up to.[/quotec2c8c9c8bc]

Yes, but affiliate networks are VERY strict on incentive gifts. All of these companies KNOW they are on these sites. Most will ban you from the network if you incent an offer that isn't allowed to be.[/quotec2c8c9c8bc]

I guarantee you that many if not all of the offers these sites run are directly from the company themselves. Although some may not be, some most definitely are.

There are still many offers out there that can still be used on incentive sites.[/quotec2c8c9c8bc]

Actually not a lot, you should look at the source code before you post.

Captain All That

31-03-2009 14:48:58

[quote6afc9caf10="LucaBella"]by hiring out a firm to send out letters, and removing themselves from liability "hey, we paid a company to contact you", when 60% of the casual customers don't do the rebate deal because they didn't get the letter, or didn't trust it, or didn't understand they had no other options, brandywine saves an assload of money. Legally. they also weed out people who for whatever reason shouldn't qualify, perhaps people signed up in fake names or they signed up underage... there's lots of opportunity for them not to be able to submit the voucher with ID. More breakage. This is all about profits and making/saving money. but then again, so is everything.[/quote6afc9caf10]

However... wouldn't they have to notify us that someone would be representing them? Identity theft is at an all time high... They stated they wouldn't share our information with anyone yet they have.

Now they bring the "rub." We got everyone to go buy their own gifts but we're going to disqualify them. I think they're punishing us for a poor business model... $1000 for 4 offers which result in about $37.50 in lead revenue? $2500 for 16 offers which resulted in at most $250 in lead revenue? We all knew they were idiots for even putting up a site like that, that's why we did them. They counted on us being bigger idiots than they were and we weren't... in fact we spread the word and help push them into the hole they're in now.

Mpell isn't on our side... they're a legit breakage company and right now they're the one's pushing for this... trust me. They're like... wait... are you sure ALL these people completed your site legitamately? Let us send our people over to parse through your logs.... and that's what they did. They have software that can parse through logs and publish the results to nice excel files and color code it based on specific criteria. ARG were a bunch of noobs... Mpell knows how to work this and they'll be the one's laughing all the way to the bank.

kinneylamb

01-04-2009 17:29:47

[quote3888aee962="Eeyore"][quote3888aee962="kinneylamb"]people have invested in[/quote3888aee962]
That phrase should never be used in conjunction with a freebie site. It's the same as saying I 'invested in' the blackjack tables at Harrahs.[/quote3888aee962]

it's a metaphor, a figure of speech. the time, offers, created memories in the people that did them, plus the wait. these people did not forget is my point.

oh and further those percentages you mentioned are based on their other business, their real business, such as sending rebates for cell phone accessories.

kinneylamb

01-04-2009 17:42:00

arg isnt punishing us for a poor business model, just poor everything else. they should have had audits and fraud prevention in place a long time ago. they had really gone to sleep on that. that in combination with the fact theyre dealing with a years worth of accounts.. suckkage.

Eeyore

01-04-2009 17:46:52

10% to 20% is probably high for a freebie company. How else do you think they can afford to send out prizes? ARG tried to push that down into the mid single digits.

Captain All That

02-04-2009 13:06:39

[quote5a52b8bcdb="kinneylamb"]arg isnt punishing us for a poor business model, just poor everything else. they should have had audits and fraud prevention in place a long time ago. they had really gone to sleep on that. that in combination with the fact theyre dealing with a years worth of accounts.. suckkage.[/quote5a52b8bcdb]

that's the point. Their customer service even verbally gave people permission to do multiple sites and use different emails. The repeating offer things I don't know about. I know Ideal's policy was each offer once every 6th months. Maybe some people assumed the same applied to all companies.

kinneylamb

02-04-2009 22:59:41

[quote67b24ddbb8="Eeyore"]10% to 20% is probably high for a freebie company. How else do you think they can afford to send out prizes? ARG tried to push that down into the mid single digits.[/quote67b24ddbb8]

as long as you mix words like probably and statements full of arrogant certainty, i'm not going to take anything you say seriously.

kinneylamb

02-04-2009 23:04:03

[quotea24672e570="Captain All That"]
that's the point. Their customer service even verbally gave people permission to do multiple sites and use different emails. The repeating offer things I don't know about. I know Ideal's policy was each offer once every 6th months. Maybe some people assumed the same applied to all companies.[/quotea24672e570]

i thought you meant business model in a different way. um yea i agree totally. and i thought it's generally you should never do an offer twice because it's offer fraud, except for i-deal. but the way i-deal lets you do that every 6 months, unless they negotiated a deal with their advertiser's, seems fraudulent to me. i'm not for it.

Eeyore

02-04-2009 23:46:04

[quoted5783596c5="kinneylamb"][quoted5783596c5="Eeyore"]10% to 20% is probably high for a freebie company. How else do you think they can afford to send out prizes? ARG tried to push that down into the mid single digits.[/quoted5783596c5]

as long as you mix words like probably and statements full of arrogant certainty, i'm not going to take anything you say seriously.[/quoted5783596c5]
That's OK. From what I've seen here and elsewhere you don't know anything anyway. I at least have some real-world basis for what I post. You? Don't tell people things that aren't true.

kinneylamb

03-04-2009 00:11:09

lol slandering kinneylamb = bad. thats not how i roll. i tell the truth.

Eeyore

03-04-2009 06:49:01

Evidence suggests otherwise. It ain't slander if it's true.

kinneylamb

04-04-2009 14:34:04

specific examples?

Eeyore

04-04-2009 22:45:06

[quote09aeec87be="kinneylamb"]specific examples?[/quote09aeec87be]Self-evident.

kinneylamb

04-04-2009 22:59:25

yea cuz you got none

ohboyitsryan

05-04-2009 00:46:59

aiite y'all let's chill...we all are shooting for the same thing here. no need to be bickering. everything will be all good in the next few weeks...until then, let's just stay cool, and help each other out.

Eeyore

05-04-2009 10:34:27

[quote4aa4e325a6="ohboyitsryan"]let's just stay cool, and help each other out.[/quote4aa4e325a6]Excellent idea; one I've endorsed for several dozen pages. Now to just get the drama queens on board...

ikeepsecrets

05-04-2009 11:51:42

Here Im am rere

kinneylamb

05-04-2009 20:17:26

yea i agree with you ohboyitsryan but this turd insists on making the board about otherwise

Zags1199

05-04-2009 20:36:26

Yeah, that's not contradictory at all.

kinneylamb

06-04-2009 04:08:55

defense gets a pass, offense is the problem

doylnea

06-04-2009 06:51:08

stop.

stop.

stop.

or ban.

kinneylamb

06-04-2009 15:24:05

well your members are obsessed with harassing people im sorry. i didnt come on here to post crap about other people i came on here to post about sites which i continue to do.

AdrienD1892

06-04-2009 20:12:58

[quote177611f19f="kinneylamb"]well your members are obsessed with harassing people im sorry. i didnt come on here to post crap about other people i came on here to post about sites which i continue to do.[/quote177611f19f]

Agreed. It's very hard to be a newbie on this forum.

ashilef

06-04-2009 20:29:07

[quote99824f148f="AdrienD1892"][quote99824f148f="kinneylamb"]well your members are obsessed with harassing people im sorry. i didnt come on here to post crap about other people i came on here to post about sites which i continue to do.[/quote99824f148f]

Agreed. It's very hard to be a newbie on this forum.[/quote99824f148f]

How is it difficult?

kinneylamb

06-04-2009 20:43:27

^ case in point ^

ILoveToys

06-04-2009 20:49:04

It's hard to be a newb that can't read before asking questions that have been answered a million times. Say something that contributes and you'll be fine, or just read the vast amount of info available here. It's the bored housewife conversations that get beat up around here generally.

kinneylamb

06-04-2009 20:53:05

eh, there's some targeted bullying going on too if you read the right threads. such as brandarama.

AdrienD1892

06-04-2009 20:53:56

[quote58fd52fd27="ashilef"][quote58fd52fd27="AdrienD1892"][quote58fd52fd27="kinneylamb"]well your members are obsessed with harassing people im sorry. i didnt come on here to post crap about other people i came on here to post about sites which i continue to do.[/quote58fd52fd27]

Agreed. It's very hard to be a newbie on this forum.[/quote58fd52fd27]

How is it difficult?[/quote58fd52fd27]

Just my own experience and with reading other's posts it seems if you're new, people don't want to listen to you. They see your post count and automatically write you off. Or, if you ask a simple question you get snarked at rather than someone simply answering it.

People need to remember newbies are "NEW" hence teh name. And they don't really have the knowhow or probably the time to sift through a million pages worth of postings to find the answer they're looking for.

I realize people get the same question over and over, but if they find that annoying then they have no business being a community forum designed to help people. Which is really the whole point of this forum, is to share knowledge and help people who are new, or might just need advice from those who have been doing things longer.

I'm not saying ALL people here do it, but there's a good handful who rather snark and bicker than actually post useful information. There's also a good amount of paranoia which ADDS to the snark and bicker. If someone makes a stupid comment, just ignore it rather than add fuel to the fire and start a bicker war.

The Brandarama thread being case in point. It has gotten to the point where it's just not worth reading anymore. Too many paranoid people thinking the world is out to get them and jack them around. Honestly, the majority of the world has better things to do than sign up on these forums to make false statements. Does it happen? Yes, but I'd like to think the majority of the people are legit.

I'm going to get off my soap box now lihehli

ashilef

06-04-2009 21:11:31

[quote16248d4f04="AdrienD1892"][quote16248d4f04="ashilef"][quote16248d4f04="AdrienD1892"][quote16248d4f04="kinneylamb"]well your members are obsessed with harassing people im sorry. i didnt come on here to post crap about other people i came on here to post about sites which i continue to do.[/quote16248d4f04]

Agreed. It's very hard to be a newbie on this forum.[/quote16248d4f04]

How is it difficult?[/quote16248d4f04]

Just my own experience and with reading other's posts it seems if you're new, people don't want to listen to you. They see your post count and automatically write you off. Or, if you ask a simple question you get snarked at rather than someone simply answering it.

People need to remember newbies are "NEW" hence teh name. And they don't really have the knowhow or probably the time to sift through a million pages worth of postings to find the answer they're looking for.

I realize people get the same question over and over, but if they find that annoying then they have no business being a community forum designed to help people. Which is really the whole point of this forum, is to share knowledge and help people who are new, or might just need advice from those who have been doing things longer.

I'm not saying ALL people here do it, but there's a good handful who rather snark and bicker than actually post useful information. There's also a good amount of paranoia which ADDS to the snark and bicker. If someone makes a stupid comment, just ignore it rather than add fuel to the fire and start a bicker war.

The Brandarama thread being case in point. It has gotten to the point where it's just not worth reading anymore. Too many paranoid people thinking the world is out to get them and jack them around. Honestly, the majority of the world has better things to do than sign up on these forums to make false statements. Does it happen? Yes, but I'd like to think the majority of the people are legit.

I'm going to get off my soap box now lihehli[/quote16248d4f04]

Well maybe the environment has changed since I joined, but I never felt what you are describing. The only thing I will agree with though is that some ppl base your knowledge of DIYs by how many post you have. Which I don't think they should simply because someone could have been in the game for years, but just didn't know there was a platform in which to discuss it with others.

As far as being paranoid, I'm sure some of it is valid especially for those people who have been screwed before. What it all boils down to is whether or not you are going to let people on the forum get under your skin. I'll admit I've gotten angry and have had confrontations with a few ppl here. But it usually just becomes water under the bridge after awhile as we all have the same goal of earning our prizes from these companies.

ILoveToys

06-04-2009 21:19:22

You might find it interesting that A4F wouldn't add a DIY section for quite some time b/c the people in the know didn't want to DIY scene to be ruined (as it is for all practical purposes) by a great influx of newbs abusing the nice payouts.

I know they have since given in, but doesn't change the fact that most people are on these forums for selfish gain; not that warm fuzzy feeling of helping others.

kinneylamb

06-04-2009 21:34:56

everything humans do is intrinsically selfish. that doesnt mean you have to bash people in the forums along the way. sorry you never encountered decent people to know how good it feels.

cubbieco

06-04-2009 21:54:33

Sorry to bring this back on topic - but I just want to let anybody know who is actually considering suing Brandarama one very important detail - you have to take it to them.

What I mean is you can't go to your local courthouse and start a small claims suit against them. You have to go to _THEIR_ local courthouse to start the claim. Then you have to show up IN PERSON for the trial. Unless you live wherever they are (I don't know where they are or care) then the economics will never work out. Your honor, I know I spent $600 in travel / hotel for my $500 claim, will you please add my fees to the claim (assuming you win which you probably won't).

If you are pissed, start with the BBB, then go to their attorney general if that doesn't work and hope something comes of it.

Lest we forget - (and sorry if I'm wrong because I don't know) but in general an outside company settling your debts is probably a good indicator that you are hurting bad enough to need to get out. This was probably their attempt to make good as much as possible on their way out. Now others know more than me so please don't flame me on this, but you should probably take whatever you can get because it might not be there. Win the case with travel and they may still be days away from bankruptcy and you wasting lost of your own time / money.

marbs4life

07-04-2009 06:41:10

[quotedb49a5a357="cubbieco"]Sorry to bring this back on topic - but I just want to let anybody know who is actually considering suing Brandarama one very important detail - you have to take it to them.

What I mean is you can't go to your local courthouse and start a small claims suit against them. You have to go to _THEIR_ local courthouse to start the claim. Then you have to show up IN PERSON for the trial. Unless you live wherever they are (I don't know where they are or care) then the economics will never work out. Your honor, I know I spent $600 in travel / hotel for my $500 claim, will you please add my fees to the claim (assuming you win which you probably won't).

If you are pissed, start with the BBB, then go to their attorney general if that doesn't work and hope something comes of it.

Lest we forget - (and sorry if I'm wrong because I don't know) but in general an outside company settling your debts is probably a good indicator that you are hurting bad enough to need to get out. This was probably their attempt to make good as much as possible on their way out. Now others know more than me so please don't flame me on this, but you should probably take whatever you can get because it might not be there. Win the case with travel and they may still be days away from bankruptcy and you wasting lost of your own time / money.[/quotedb49a5a357]

Not in my state I do not have to.

My county or their county.


(Says MY lawyer, and MY local court house, kthxbye)

neverendingmoolah

07-04-2009 08:13:10

[quoteda4a79404b="cubbieco"]Sorry to bring this back on topic - but I just want to let anybody know who is actually considering suing Brandarama one very important detail - you have to take it to them.

What I mean is you can't go to your local courthouse and start a small claims suit against them. You have to go to _THEIR_ local courthouse to start the claim. Then you have to show up IN PERSON for the trial. Unless you live wherever they are (I don't know where they are or care) then the economics will never work out. Your honor, I know I spent $600 in travel / hotel for my $500 claim, will you please add my fees to the claim (assuming you win which you probably won't).

If you are pissed, start with the BBB, then go to their attorney general if that doesn't work and hope something comes of it.

Lest we forget - (and sorry if I'm wrong because I don't know) but in general an outside company settling your debts is probably a good indicator that you are hurting bad enough to need to get out. This was probably their attempt to make good as much as possible on their way out. Now others know more than me so please don't flame me on this, but you should probably take whatever you can get because it might not be there. Win the case with travel and they may still be days away from bankruptcy and you wasting lost of your own time / money.[/quoteda4a79404b]

The law is that you can bring suit in whatever jurisdiction you live, expecially with an online company who is doing business in all states. They have to have representation in all states. Now, since they have that arbitration clause, your state may recommend arbitration. Many states do to avoid congested court rooms.

zr2152

07-04-2009 11:00:57

You could all do something like this

http//www.ic3.gov/default.aspx

I did this for a freebie site (thefreeproject) back in the day when Kirby ditched out and owed me like $500.

I got a letter from them and they looked into it rather quickly.

I dunno if that helps but if a lot of people do it you may see some results.

jtackman

07-04-2009 13:52:56

wow i forgot about the free project. that mofo owed me 500 too, i remember i think he spent the money on his car or something.

phantom

19-04-2009 11:02:47

I am only owed $500 (approved 6/07) and received the letter from Mpell. I sent it in with all the supporting documentation. And, received it back saying they didn't get it within the 30 days (was mailed on time so...)

Anyway, I wrote the BBB and got a letter back from Megan at Mpell telling me they will not help and will not fulfill.

So basically you guys are all saying we're shlit out of luck? We have no recourse at all because the letter/redemption replaced Brandarama's gifts?

I find it hard to believe that I waited for a gift for a year and a half and now get the shaft.

kinneylamb

19-04-2009 11:36:52

you never received your gift from 6/07 are you sure it wasn't a different gift? the mpell accounts were supposed to be dec07-dec08

and anyway if you filled out a mpell certificate and sent it in with your receipt and got approved, your in the same boat waiting with the rest of us.

RyanG

19-04-2009 12:23:05

[quote9fb55ff1ce="kinneylamb"]you never received your gift from 6/07 are you sure it wasn't a different gift? the mpell accounts were supposed to be dec07-dec08

and anyway if you filled out a mpell certificate and sent it in with your receipt and got approved, your in the same boat waiting with the rest of us.[/quote9fb55ff1ce]

Wrong, not dec 07. Think some went as far back as August/September 07. Mine are from Oct 07.

kinneylamb

19-04-2009 13:22:31

ok well thats what mpell said themselves a while back, just seems strange someone would have to wait that long from june 07 (!!)

phantom

19-04-2009 15:35:47

[quote75db768d11="kinneylamb"]ok well thats what mpell said themselves a while back, just seems strange someone would have to wait that long from june 07 (!!)[/quote75db768d11]

Yes, June. I keep track of everything my spreadsheet and I mailed everything 6/6/07. Did 4 offers too since one never credited.

I don't really think I'm in the same boat though. This is the only Brandarama site I did, so I know there are no multiple offers completed. And, I DID send in the Mpell form but IT WAS RETURNED TO ME and they said I missed the postmark deadline. Therefore, NO APPROVAL for no legit reason.

That's why I'm so POed. I've been waiting almost two years and now they say they're not reimbursing? twisted

Brandarama - 3 offers
$500 Lowe's
captiva CANCEL sign up 5/25/08, email to cancel 6.95 replacement for emusic
emusic CANCEL sign up 11/27/07 under my account section 6.99
my first steps to learning CANCEL sign up 11/27/07, send back "A" book 12
perect litter CANCEL sign up 11/27/07, email to cancel 0.95
mailed 6/6/08

kinneylamb

19-04-2009 15:58:57

why was it returned back to you?

you should e-mail brandarama if you haven't done so already. people who had problems with mpell were sent checks directly from brandarama and/or are waiting to get them.

phantom

19-04-2009 17:06:12

They said that they did not receive it in time (although it was mailed before the 30 day time limit). This no longer shows up in my Brandarama tracking page because it's so old. I just email=ed email=support@cs.brandarama.comsupport@cs.brandarama.comed email=support@cs.brandarama.comsupport@cs.brandarama.com/email. We'll see what happens. Thanks!

RolltheStampede

20-04-2009 07:31:39

hey phantom long time no see, sorry you got boned by brandarama, did you have tracking on the package though to show when it was delivered, so why did it comeback

neverendingmoolah

20-04-2009 08:34:11

[quotee9523fbb1f="RyanG"][quotee9523fbb1f="kinneylamb"]you never received your gift from 6/07 are you sure it wasn't a different gift? the mpell accounts were supposed to be dec07-dec08

and anyway if you filled out a mpell certificate and sent it in with your receipt and got approved, your in the same boat waiting with the rest of us.[/quotee9523fbb1f]

Wrong, not dec 07. Think some went as far back as August/September 07. Mine are from Oct 07.[/quotee9523fbb1f]

Me too. I was CTS $1k Visa since 10/07.

phantom

20-04-2009 11:52:21

Hey RTS! Yeah, life kind of got in the way of freebie hunting. Damn! lol

I did track it with delivery confirmation and it says it was delivered March 5. Which means it took 16 days to get from me to them which is utterly ridiculous. I got an email back from Megan at MPell about the BBB report and she was actually quite understanding and gave me Brandarama's cs number. Already sent them an email yesterday though so I'm waiting to see what I hear back. roll

kinneylamb

20-04-2009 12:07:48

What method of mail did you send it to them? Did you actually mail it at the time postage was paid for, which would be around Feb 20, or did you wait until later? You sound like you have a good case here, and might get your money. I think what you're saying is, they received it March 6 and mailed it back to you?

RolltheStampede

20-04-2009 12:47:31

Kinney may actually be right on this one, it did say it had to be Post marked by Feb 26th not received so as long as you met the Post Mark you should be fine.

phantom

20-04-2009 13:23:07

Yes, they sent it back saying I missed the postmark date. I'm going to have to check the mail date and make sure I didn't screw it up. Still waiting to hear from Brandarama...

kinneylamb

28-04-2009 19:55:17

outcome phantom?

phantom

28-04-2009 21:06:20

None yet. We have been emailing back and forth for awhile now and was just informed by Morgan that my email has been forwarded to management. We'll see about that.

They did manage to hand me a canned response that, while having nothing to do with my email, clearly spells out the terms.

====== Your Inquiry ======

That did not address my complaint at all but thanks for spelling out the terms you did not follow

[b3fcc3875ff]Our promotions are free gifts to you, if you complete the required number of Sponsor Offers, many of which are Free.[/b3fcc3875ff]

which I did two years ago! Again, expect a small claims suit soon if I do not receive the $500 owed...

phantom

On Tue, Apr 28, 2009 at 335 PM, Brandarama Member Support <support@cs.brandarama.com> wrote

If it says "Free" why do I have to complete Sponsor Offers? It should just be Free.

Many of the required Sponsor Offers are indeed no cost free trials. But not all of them. [b3fcc3875ff]The gift itself is actually free to you--shipping and handling included.[/b3fcc3875ff]

Just like that Free inkjet printer at CompUSA, Wal-Mart, BestBuy, Fry's, Circuit City, Sears, or the Apple Store, the inkjet printer itself is Free if you purchase the computer they are advertising to you.

[b3fcc3875ff] Our promotions are free gifts to you, if you complete the required number of Sponsor Offers, many of which are Free.[/b3fcc3875ff]

If it says "Free" why do I have to complete Sponsor Offers? It should just be Free.

Many of the required Sponsor Offers are indeed no cost free trials. But not all of them. [b3fcc3875ff]The gift itself is actually free to you--shipping and handling included.[/b3fcc3875ff]

Just like that Free inkjet printer at CompUSA, Wal-Mart, BestBuy, Fry's, Circuit City, Sears, or the Apple Store, the inkjet printer itself is Free if you purchase the computer they are advertising to you.

[b3fcc3875ff]Our promotions are free gifts to you, if you complete the required number of Sponsor Offers, many of which are Free.[/b3fcc3875ff]

If it says "Free" why do I have to complete Sponsor Offers? It should just be Free.

Many of the required Sponsor Offers are indeed no cost free trials. But not all of them. [b3fcc3875ff]The gift itself is actually free to you--shipping and handling included.[/b3fcc3875ff]

Just like that Free inkjet printer at CompUSA, Wal-Mart, BestBuy, Fry's, Circuit City, Sears, or the Apple Store, the inkjet printer itself is Free if you purchase the computer they are advertising to you.

[b3fcc3875ff]Our promotions are free gifts to you, if you complete the required number of Sponsor Offers, many of which are Free[/b3fcc3875ff]

kinneylamb

28-04-2009 22:09:39

lol what in the world have you been asking them, that they replied with that?

tell them you mailed your mpell certificate and it got mailed back.

tp24

28-04-2009 23:13:51

Are you sure it's free? My credit card bill says otherwise

kinneylamb

29-04-2009 00:20:45

lmaooo yea they need to update that

Eeyore

29-04-2009 07:31:40

The gift is free. They don't charge you for it. The sponsors, however...

phantom

29-04-2009 16:38:04

Oh, believe me they know Mpell sent the cert back! The previous email was them telling me I needed to do the Mpell thing and if I didn't then I wasnt't getting a "gift." I emailed them back that I knew that and sent my stuff in. Mpell returned it so I was looking at Brandarama to fix things. They have gotten tired of dealing with me I guess so I've been forwarded.

The thing that gets me is they plainly say "Our promotions are free gifts to you, if you complete the required number of Sponsor Offers." Which I did so where's my $500? twisted

kinneylamb

29-04-2009 21:14:41

Right, I feel you. Not having phone support at this time doesn't help either. good luck, you should get a response back if they sent that to management. if not, keep pushing them for it.

they're gonna have to change those terms and the way they're worded, because it's definately not free if you have to spend $500 first to get reimbursed later on. the wording is gonna get them in trouble one day.

abigoria

08-05-2009 12:32:44

$500 Visa Gift Card
Confirmed; to be shipped
[Oct-9-07 1035 AM]
and
$1000 Visa Gift Card
Confirmed; to be shipped
[Nov-7-07 336 PM]

Hi everyone. Above is the 2 visa gifts I am supposed to be receiving from Brandarama... I am being told I will not be receiving them now? They have said they mailed me 2 rebates in January 2009. I have no idea what these rebates are about? No one at Brandarama never told me about these rebates, and I have never received them! Now they claim I cannot get my gift now... I emailed them and told them I never received these rebates they are speaking of, and all they just said that it would be expired now and I could not claim them... But I never had a chance in the first place, because I never received them by mail..

Anyone else getting this sort of problem??

I would appreciate some help with this.

Thanks,
-Eric

Eeyore

08-05-2009 14:36:16

There are over 100 pages of posts about this starting at http//forum.freeipodguide.com/viewtopic.php?t=69840&postdays=0&postorder=asc&start=1496

Sorry you missed the boat, but considering that it seems to have sunk anyway you're probably not out much...

kinneylamb

08-05-2009 16:16:32

eric, sorry that happened to you.

open all your mail, even if it looks like junk. because you just dont know what's inside.

they did send it out to you. they may have gotten your address wrong. if you moved, maybe it never got forwarded.

dont give up all hope on them, many of us are fighting them for all different reasons lol. so keep on them about it.

crakirs

28-08-2009 12:59:59

[quotebb1dc67095="Eeyore"]Considering the terms of service you agreed to when you signed up for any of their sites, your case would last just long enough for it to be called and summarily dismissed. You agreed that ARG could change the terms at any time to whatever they want them to be.

Also considering that the end result of you purchasing (for example) a $500 Visa card and then getting a $500 rebate for said purchase results in the Visa being "free" ARG would have technically upheld their end of the bargain. That you have insufficient resources to complete your end is of no concern to a court.

There, I saved you several hundred dollars in legal fees.

Finally, as a practical matter there are multiple ways you could have met the new redemption terms without being out of pocket more than a few dollars.[/quotebb1dc67095]

A case would not be treated like that in a court of law. Possibly,maybe in small claims court but most judges wouldn't do that as the court is for the laymen.

A contract has to be met in good faith. A contract can't be made to commit fraud or avoid a good faith transaction.

ploppsdman

04-09-2009 10:31:35

Curious to know if anyone has filed a mail fraud claim against Mpell?