Kimkins Notice – Opt Out Option
Filed under: Diet, Legal Stuff, kimkins, paid memberships
The following notice is presented for those who may need information on how to not participate in the Class Action Lawsuit against Kimkins.
Why would you want to do this?
Well, for one thing, maybe you like taking diet advice from someone who lied about their weight and used fake pictures from Russian Brides sites to promote her site.
A better reason might be that you did suffer some serious physical consequences and you will need to sue Heidi personally. Just know, if this would be your reason I am truly sorry for ailments you have faced and hope you are well or getting well.
Ok, so here is the information if you wish to duck out the back door:
NOTICE OF PENDENCY OF CLASS ACTION
TO: EVERYONE WHO PURCHASED A MEMBERSHIP TO KIMKINS.COM THROUGH THE KIMKINS.COM WEB SITE (www.kimkins.com) FROM JANUARY 1, 2006 TO OCTOBER 15, 2007
PLEASE READ THIS NOTICE CAREFULLY. YOUR RIGHTS MAY BE AFFECTED BY A CLASS-ACTION LAWSUIT THAT IS CURRENTLY PENDING IN RIVERSIDE COUNTY SUPERIOR COURT, IN RIVERSIDE, CALILFORNIA.
INTRODUCTION
1. On May 20, 2009, the Riverside County Superior Court, located in Riverside, California, issued an order certifying this case to proceed as a class action.
2. The plaintiffs are six individuals who bought memberships to kimkins.com through the kimkins.com Website (www.kimkins.com) from January 1, 2006 to October 15, 2007. The defendants are Heidi Diaz, an individual, and Kimkins (also known as Kimkins.com), a business entity that conducts business in Corona, California.
3. The plaintiffs contend that Diaz and Kimkins.com induced them into buying memberships for kimkins.com through false and misleading information provided on the Kimkins.com Web site. The plaintiffs contend that the defendants violated California Business & Professions Code § 17200, et seq., which authorizes courts to provide relief from unfair, unlawful, and fraudulent business practices. The plaintiffs also contend that Diaz and Kimkins.com violated common law prohibitions against fraud and negligent misrepresentation.
4. This notice provides you with information regarding the litigation, including the plaintiffs’ claims against the defendants and the current status of the litigation. This notice also provides you with information regarding the court’s class-certification order.
THE LITIGATION
The Plaintiffs’ Claims
5. This lawsuit is based on the plaintiffs’ claims that Diaz and Kimkins used unfair, unlawful, or fraudulent business practices to induce them into buying memberships to Kimkins.com. This lawsuit is also based on the plaintiffs’ claims that the false and misleading information contained on the kimkins.com Web site constituted fraud or negligent misrepresentation by Diaz and Kimkins.
6. Here’s a list of the kinds of misconduct that the plaintiffs have alleged:
• that Diaz and Kimkins concocted a false persona, “Kim Drake” or “Kimmer” to sell memberships to Kimkins.com
• that Diaz and Kimkins misled potential members into believing that “Kim Drake” was real by using photos of real women and then falsely claiming that the photos depicted “Drake”
• that Diaz and Kimkins posted lied about “Drake’s” purported weight loss
• that Diaz and Kimkins provided false or misleading information to Women’s World magazine
• that Diaz and Kimkins fabricated 41 “success stories” and published on the Kimkins.com Web
• that Diaz and Kimkins made up celebrity endorsements
• that Diaz and Kimkins misused labels and metatags to steer Internet traffic to the Kimkins.com Website, in violation of the law
• that Diaz and Kimkins misled potential members into believing that they were buying lifetime memberships, when in fact Diaz and Kimkins.com terminated memberships at their whim
• that Diaz and Kimkins intended to mislead potential members and assumed that potential members would rely on her misrepresentations.
The Defendants’ Position
7. Diaz and Kimkins have denied all allegations of wrongdoing and liability, and they continue to deny that they have done anything wrong. Diaz and Kimkins also have asserted various affirmative defenses to the plaintiffs’ claims.
THE COURT’S CLASS-CERTIFICATION ORDER
8. In an order filed May 20, 2009, the Court granted the Plaintiffs’ Motion for Class Certification. The Court certified for class treatment the plaintiffs’ claims for equitable relief, including disgorgement of the subscription fees paid to Diaz and Kimkins by the plaintiffs and the members of the class.
9. The certified class is defined as all individuals who purchased the Kimkins.com diet membership on-line from the Kimkins.com Web site from January 1, 2006 through October 15, 2007.
THE COURT HAS NOT EXPRESSED ANY OPINIONS
REGARDING THE MERITS OF THE PLAINTIFFS’ CLAIMS
10. The Court ordered that this notice be provided to advise class members that this case is pending and that the Court has certified the case to proceed as a class action. You should not consider this notice or its mailing to be a statement by the Court that the plaintiffs are right or that their claims will prevail.
INSTRUCTIONS TO CLASS MEMBERS
11. You do not need to do anything to remain a member of the class. If you bought a Kimkins.com diet membership on-line from the Kimkins.com Web site from January 1, 2006 through October 15, 2007—including either of those dates—you are automatically included in the class. Your rights will be represented by the plaintiffs and their attorneys. You will not be personally responsible for any attorney fees or for the any of the costs of this litigation.
OPT OUT OF CLASS ACTION LAWSUIT
12. You have the opportunity to opt out of the class action lawsuit as detailed herein. If you incurred a personal injury as a result of using the Kimkins.com aka Kimkins Diet, you have a right to opt out. Notices to opt must be sent to jtiedt@tiedtlaw.com or mailed to Tiedt & Hurd at 980 Montecito Drive, Suite 209, Corona, California 92879.
WHERE TO GO & WHOM TO CONTACT
SHOULD YOU NEED MORE INFORMATION
13. This notice provides only a brief summary of this litigation. For further details, you should take one or both of the following steps:
• Review the documents in the Court’s file for this lawsuit. Many of these documents may be viewed or obtained on-line at the following URL: http://public-access.riverside.courts.ca.gov/OpenAccess/ . You also may review the Court’s file in person by going to the Office of the Clerk of the Court for the Riverside Superior Court, during regular business hours. The Clerk’s office is located at 4050 Main Street, Riverside, California 92501.
• Write a letter to the attorneys who are representing the plaintiffs and whom the Court has appointed to represent the class. Here are their names and their contact information:
John E. Tiedt & Marc S. Hurd
Tiedt & Hurd
980 Montecito Drive, Suite 209
Corona, California 92879
Michael L. Cohen
Michael L. Cohen, a PLC
707 Wilshire Blvd., Suite 4100
Los Angeles, California 90017
Ray Moore
Moore Winter McLennan LLP
701 N. Brand Blvd., Suite 200
Glendale, California 92103-4232
If you decide to contact one of the plaintiffs’ attorneys, please do so in writing. To make it easier for them or one of their staff members to respond, however, your letter should include both your e-mail address and your telephone number.
There are estimated to be as many as 40,000 members in the class. So please, DO NOT CALL THE COURT OR ATTEMPT TO CONTACT THE COURT BY E-MAIL.
DATE: ___________________________, 2009
____________________________________
Hon. _________________________,
Presiding Judge
Share this Post[?]
Clever Coupons for Kimkins
* This blog does not endorse the Kimkins plan, and is actually a member of the class action lawsuit currently facing Kimkins. Please know, the diet site Kimkins is responsible for using false advertising, fake pictures, and testimonials. Members are banned on a regular basis, and there is a whole list of things I could go into, but feel free to browse this blog for more information, or visit http://sockittome.info for a list of sites with detailed information.
good tracking idea
Here’s another:
Only 10 percent?
I have never doubted that Heidi is quite clever. Here is an ad for Kimkins, but what is different?
It has a coupon code. What does this do? Well coupon codes are not just to benefit the consumer. Many times coupon codes are added to a campaign for the benefit of the affiliate. I’m not sure this is an affiliate ad though.
This particular coupon is using “Derek” to promote, and can be used to track for Heidi which ads are most effective.
You’ll notice, the address posted is the Kimkins.com address at the bottom of the ad. Google’s terms state that your display address must be the same as the destination address. For an affiliate to not pull Kimkins to their site first and then re-direct would be a waste of adspend. But that is a post for another day.
Does Derek know he is still promoting the diet? Just because he doesn’t get paid for it, doesn’t mean he’s not promoting.
His name and story, still out there.
I’m not going to tell Derek what to do. If he wants to continue to support a website based on fraud, that is his choice. If he truly does not believe there is any fraud going on, then he has nothing to worry about.
Share this Post[?] Website Moderators – Completely Unappreciated
Filed under: Tippy Toes, Uncategorized, kimkins, membership sites, paid memberships
I just returned from a visit over at Jeannie’s new blog.
Here is a quote from a letter from Kimmer (Heidi) to Tippy Toes (Jeannie), who at the time was still in support of the Kimkins Diet. For the record, Tippy no longer endorses Kimmer or Heidi Diaz.
If you are subpoenaed then of course you answer everything truthfully. Which is — all you know is Kimmer, you get paid to moderate (babysit) the forums and you don’t know anything about Kimmer’s “partners” — because you don’t. This is why the guy is doing this because he doesn’t know anything.
Kimmer kept Tippy in the dark. She really didn’t know a lot of what was going on. Tippy also trusted that Heidi was not lying to her. But what I got a kick out of here was Heidi referring moderators as babysitters. Moderators of large websites are not given the credit they deserve. They are not just “babysitters.”
Moderators are there to protect the site they are working for. Typically, someone chosen to moderate a site has great familiarity of the topic or niche of the site. They are there to support members, show them where to find information on the site when a member is lost. They protect the site against web spam, and automated scripts that sign up to sites for the purpose of spamming links across the web. Yes, there are scripts that go out and spam thousands of websites in one shot by finding forums and just spamming fake names and posts. Amazing huh?
Anyway, it is up to live people to spend hours of their time, not just to help the members of a site but to ensure the safety of those members and keep a site clean from spam and in tip top shape.
Some moderators are paid, and some are not and just do it for the love of the site. Either way, it is work, and it is a job. It should be respected. I don’t know why Heidi felt it necessary to add that term in there of “babysit” but I find it rude and disrespectful of Tippy.
Moderators are a way for a successful forum owner who is making money to outsource the real work that needs to be done to keep their site a continued great place for the members.
This paragraph is loaded with some other things, but I’ll save those for later.
Share this Post[?] Kimkins Humor Smackdown!
I see myself as a bit of an artist, although whether I’m a good artist has yet to be determined.
I like to express myself with all kinds of mediums. With all the talks recently of Slapp and Smack I was reminded of the old comics with the additional POW! and BAM! as well. I needed to express myself and create my own comic.
I came across this wonderful site called QuickToons. I needed to to a bit of extra tweeking to get the right point across, but the site did help me curb my time down greatly.
Here’s what I was able to create:
Smack Down
The Slapp is explained in great detail on Prudentia’s blog.
A new term added today by MagicsMom is the SMACK. I agree with this statement whole heartedly:
So I encourage you to join us in giving Heidi a great big SMACK. After all, a SLAPP deserves a SMACK. So let’s See More Activists Confronting Kimkins! We need you, we want you, and we will win.
Dust off some of those old blogs and get crackin! We have so much evidence accumulated, and it just keeps coming. Let’s give Heidi a good old Smack down!
Share this Post[?] Heidi, I’m Furious!
I just found out my name came up as roughly number 5 on a countersuit to the Kimkins Class Action Lawsuit. I’m really Furious!
Why?
It’s not what you might think.
While I have done a little bit of this and a little bit of that, there are others who should be recognized much more than myself. You see, I see my name on that countersuit as a BADGE OF HONOR. To me it means I have done something to get out the word of the dangers of the Kimkins Diet as originally written when I joined last year. But I honestly don’t deserve the credit.
I can’t say I know what is going on now as I was banned from the site (see second post of this blog) and so for all I know the plan is now healthy and maybe someone with a real health background is running the site. But how would I know? So much for my LIFETIME MEMBERSHIP.
So many others have worked one hundred times harder than I did. I have been consumed in my own trials and tribulations, and just do not deserve this great honor.
While some may feel this is an intimidation, a reason to back down, reason to want to be anonymous, I LOVE IT! Heidi, thank you for adding my name to the internet. Thank you for the attention, really. There is only shame in feeling like I really didn’t earn it. Don’t get me wrong – I would have done more than I have if it meant saving someone from tragedy in their business or their health – and if I just had the time! Not to mention dealing with my own personal anguish. I mean who wants to promote a product that is all based on a lie? Not me. And I wouldn’t wish that on any affiliate marketer. And who wants to promote a hap hazard diet that no doctor will approve? Sure not me. I AM AFRAID TO DIET!!!!!
I am afraid to diet.
There, you heard it from the horses mouth.
I have not updated my weight on LCF, and I am afraid to diet all together because mentally I just want to “not eat” and lose fast. Thanks to my friends, I know this will be severely unhealthy. Pound a day my ass. It is not healthy. So in the meantime, I am just 20 pounds shy of having all the weight back. It has now become a major battle in my head – so much so that I can’t even deal with it. The minute I start counting calories is the minute I start going a bit insane. Thanks Heidi. This IS the result of your website and “enough fat to make it work.”
Anyway, back to the topic. I am undeserving of this honor, but I will proudly wear it. I will wear it in support of those who have typed their fingers to the bone.
Really, it is just my name on another piece of paper.
I think I know what the real problem is here. It is quite possible your site has become so stale and stagnent that you just have way too much time on your hands. You had time to start a silly little suit. You want to cry poverty? Mental anguish? etc etc???
What happened to the strong person running their own business and who lost 198 lbs in 11 months? Oh, I’m sorry, that WASN’T you. You never did those things. So maybe you are a bit fragile now and need to lash out with this hobby.
In any event, it looks as though I have not been paying you near enough attention. So, give me a little time and I’ll see if I can’t remedy that.
Keep saying NO to Kimins!
Share this Post[?] Diane M – Why Are You Still At Kimkins?
The Kimkins blogpost I came across today almost made me hurl my cocktail. I remember Diane M when I was a member at Kimkins. Looks like a 60 day cheat free challenge is being constructed for the old timers.
What happend to losing weight and keeping it off? Even worse, how can these long time KK’ers not have seen all the problems with this diet by now?
I wonder how much weight Diane has put back on. UnFLABulous sounds familiar, but I don’t think I was involved in any challenges with her.
You know, cheating is probably the one thing that has kept these ladies alive!
I have a feeling old Heidi had something to do with this little rally.
I wonder which version of the Kimkins diet these gals will be doing. Will it be the 500 calorie version or the new and improved 800 calories?
Does anyone have the email for Diane M? If you do, I’d really like to know why she is still at Kimkins!
Share this Post[?] La Dee Da
I’m having a weird deja vu as I write this.
Anyway, I just wanted to be clear here – I am not in the lawsuit against Kimkins for any money. I have seen that you think there are 2 sides to every story, and you see yourself as a success.
I’d like to refer you to a post I have buried somewhere on the Kimkins site. I’d like you to go to search the site, and look for a post called “50 lost, 50 gained” – and I believe it is some where in the success stories.
50 lost was my pounds at the time obviously, and 50 gained referred to things that I could do with that weight off and how I too had the perspective of a success story. People actually printed up my post and put it on their refridgerators.
If my enthusiasm of the plan at the time does not get to you in that post, or anyone else for that matter, then I just don’t know what will.
So, how did I become so bitter? How can I go from such feelings of control and success to wanting to bring down (to light actually) the very thing I though was helping me?
I gotta tell you Dee, things are not as clear cut as you are seeing them.
Heidi did not offer up the information we got from her. Her apology is not real.
No one wants to deny you the success of your weight loss. But we are concerned as some of us now know some additional truths. Any attempts to communicate inside the kimpound are to find those who may still not realize the full truth of this diet and what it can do to ones body.
No one is saying you are not smart enough to up your supplements and exercise. And just so you know – I take full responsibility for everything I did to myself – and I did exercise – and I did up my own supplements. But when all was said and done it wasn’t enough.
I never posted a negative word on the Kimkins site – and I was banned. Never one bad thing. Why?
This particular lawsuit is only about fraud. And yes, there are many other injustices in the world we could go after. And when they concern fraud which ultimately affects ones health you will find those causes do rise to the top of the list. It wouldn’t even be so much if Heidi did just gain some weight back. The problem here is someone who has no proof what so ever that they lost weight. The problem is someone who claimed they had maintained for 5 years after losing this way – giving the illusion that it is okay. There was no loss or maintenance.
If you are not seeing references to things like laxatives that is because they have been swept under the carpet. Just because you didn’t see them doesn’t mean they aren’t there. I’m sure when this is over you will see lots of things you didn’t before.
There are two sides – and I hope you take some more time to see what really is on the other side.
Share this Post[?] A Message to Dakota
Filed under: Uncategorized, article writing, kimkins, video, viral marketing
Can you count how many times I say “um?”
Share this Post[?] How Heidi Does Kimkins?
Filed under: Diet, blog, kimkins, product creation, video, viral marketing
I just couldn’t resist. CAUTION! Heiney here:
Now, obviously this is not how Heidi does Kimkins. One has only to find the pictures and video that are everywhere on the web to find your answers.
Share this Post[?] Who Are You?
One of the downfalls of working online as opposed to in an office is knowing who you are working with. Also, knowing who is doing what and when.
It is no secret that there have been some groups structured to share information and help do what they can to bring down Kimkins. How do you know who to trust? And after Heidi, the master of disguise, how do you bring yourself to trust anyone?
Even those of us on the same side have questioned one another. I have always made it clear: anyone may investigate me at any time. Some have chosen to be anonymous. And with that, they lead themselves to less credibility.
There has been some back and forth over the past few days (airing of the sheets.) Everyone has been working hard, and under the circumstances they have all done really well.
I don’t know who Ducky is. I don’t know why Ducky stopped the blog, or why Ducky has mysteriously appeared again out of nowhere.
I’ll be the first to confess, I have taken liberties to take action on some things without seeking “group approval.” Some of these things have turned out great, and some I’ve been slapped on the hand for. There is so much ground to cover that it is near impossible to cover it all over the course of a day (or even months for that matter).
What does become more clear every day are the consistent players in this game. I think if nothing else, we all owe each other a little more courtesy in what each of us has contributed. I’m not looking for any praise on every little thing I have done. And honestly, other than a couple of video’s, and this blog, most of you have no idea of things I have done. I know at the same time of others who have done much more than I have. I am grateful to those people who have given so much of the one thing they can never get back. Their time.
The collection of good things here greatly out weighs the few mishaps. That is what we should learn from.
I don’t know who you are. But if you have taken any action to help take down Heidi then I say thank you.
Share this Post[?] Smoke This
-
-
-
-
-
Sign by Dealighted - Coupons and Deals
Sign by Dealighted - Coupons and DealsDid you visit while I was away?
From Dec 07' to March 08'
Blog Catalog
