1.8 Million Awarded to Plaintiffs in Kimkins Class Action Lawsuit
From the desk of our Lawyer:
Today, October 29, 2010, Judge Rick Brown of the Riverside County Superior Court entered a verdict for the plaintiffs in a certified national class action lawsuit. The court entered a verdict against Heidi Diaz the owner of the diet website Kimkins.com for fraud and false advertising. The court awarded the class members restitution in the amount of $1,824,210.39. The court also awarded an additional $500,000 in punitive damages as well as attorney fees. The court then issued a temporary restraining order to freeze all of the assets of Ms. Diaz.
Most notably, the court also imposed an injunction requiring Heidi Diaz to post on all of her websites that: (1) she lied about her weight loss; (2) she lied about her after diet pictures; (3) she lied about testimonials on her website; and (4) she lied about the photographs used with the testimonials to promote the Kimkins website.
An injunction was also issued to prevent Heidi Diaz from contracting, harassing or cyberbulling the plaintiffs and the witnesses. A formal judgment will be entered before November 19, 2010.
The original complaint was filed over three years ago on October 15, 2007. I want to thank everyone who supported the class action lawsuit. The Ducks were wonderful. I met a lot of great people and made a lot of new friends fighting for a good cause. Heidi Diaz lied on her website and made the fatal mistake of lying in the courtroom. You cannot trust Heidi Diaz. I anticipate more legal (illegal) maneuvering by Heidi Diaz to evade the judgment. We will be prepared and I will be relentless. Again, I thank all you.
John E. Tiedt
TIEDT & HURD
Let the champagne popping begin!
Thank you all my readers for your support.
Share this Post[?]
Kimkins Class Action Lawsuit Verdict To Be Announced Friday!
After 3 long awaited years, the verdict to the lawsuit against Kimkins.com is to be announced tomorrow morning at 10:30 am at the Hawthorne satellite court of the Riverside court house in Riverside California.
Look for Court Room 2.
Court precedings began earlier this week. Class representatives flew in from all over the country to participate and testify their experiences.
The Kimkins diet advocated a low carb and low calorie diet, and was run by Heidi Diaz of Corona California. Heidi Diaz is not a certified health care professional, and used false photography to represent herself and “supposed” members of the site. Some inspiration stories were later found out to be not the experiences of real people.
In a shocking undercover video, Ms. Diaz was revealed to not be the svelte woman in the red dress as advertised on her site back in 2007. In fact, that photo was “borrowed” from a Russian bride website as well as many others.
More news to follow.
Please feel free to share this breaking news with local California news sources, as well as national press.
Share this Post[?] Kimkins Notice – Opt Out Option
Filed under: Diet, kimkins, Legal Stuff, 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[?] Kimkins, Your Time is Going to Come
I LOVE Led Zepplin. What a perfect song as we rapidly approach the summary judgement this month.
Word on the street is that there are people looking for me and will be talking with me soon. That is news to me. They will need to get in line and make an appointment as I am extremely busy these days.
This 2 year anniversary is very symbolic for me. I have been through a lot in the past 2 years, but have made the most dramatic changes in just this past month. I have been spending some time weeding out the things that are not important to me, and should we get the results we hope to see from the Kimkins case I will be excited to unload that from the list of things to tidy up and finish off.
I’ve been working on a new internet marketing plan and overall life plan. I am not sure whether this has come as a result of a seven year itch or some midlife thing, but the unloading feels good.
My new goals will be completed by August of 2011. 2 years sounds like a long time for a plan, but I am looking for some long term results – not just a quick fix. We all learned from KK that the quick fix can actually make things worse in the long run.
While I had gained back nearly all the weight I lost, it has been dropping off this past month without even trying. I have found if I just keep busy and stay away from car rides it is a no brainer. I think the addition of dropping some unnecessary stress and things that just were not working has been an important factor.
I’ve been asking myself, “what would really make me happy?” I think people fall into slumps of thinking they are happy or spending too much time trying to make others happy. The next couple of years will be all on making myself as happy as possible.
I would suggest to people who are overweight to ask themselves the same question before even starting a diet. Not the ones with medical issues, but those who have just let things slide. The right answer should have nothing to do with weight – meaning your answer should not be “If I lost 100lbs I would be really happy.” Losing weight is not as hard a battle when other negative issues have been removed. I have personally evaluated for myself that my weight is a reflection of the other issues surrounding me. Right now, food is not important other than for nourishment. As a total “foodie” I am suprised I have finally come to this.
I have dropped a pant size in a week. I have not obsessed with counting calories, or deprived myself when I felt hungry. I’ll be monitoring myself weekly and keeping track of my happiness level. Should things keep going in the right direction, I’ll be relieved to have finally found what really “works.” 
Share this Post[?] Proposed Notice of Pendency of Class Action – Kimkins
This is NOT an official notice regarding Kimkins. This notice is proposed to the court by plaintiffs’ counsel June 26, 2009. If you choose to duplicate this notice on any blog or website, this notice MUST be included.
Page 1
Page 2
Page 3
Page 4
Share this Post[?] Banned Camp Open for New Applicants and the Peabody Fan Club
Hello Campers!
The Kimkins Banned Camp is now accepting new applicants for the 2009 summer season. Welcome our newest member DeLynn! How can you become a member of this elite camp facility?
Simply join Kimkins.com, then join the Facebook group Kimkins Sucks, and just wait until you are unable to log into the Kimkins site. It’s that easy! There is no additional charge to join Banned Camp. While you will need to invest to join Kimkins, you might get those funds back if you made your investment during the time of the Womans World release.
If you’d like to be a special member of the Peabody fan club, you’ll be required to do a bit more work. You’ll need to join Kimkins, become a banned camp member, and then start your very own blog to spread the truth of your story and what you experience. You must take an oath to blog the truth, the whole truth, and nothing but the truth. Peabody seems to be a bit selective on who he allows into his club, but once you’re in, you too could recieve a personal autographed letter from him where he requests your name and address. I’m not sure, but I think he is planning suprise live visits to members of his fan club! (please note, I do not know for sure if this is his intention, I am only imagining this.)
One more event you should all be aware of – This Monday June 8th we hope to see some more entertaining paperwork created that will be published by the Riverside Court House on the current state of Kimkins, our lawsuit, and hopefully more scheduling of the events to come. Yipee!
Looks like we will have plenty of scary stories to share around the campfire this summer. I’m off to pack my things now.
Can’t wait to see you all there!
Share this Post[?] Email Address May Tip You Off To A Scam or Phishing
Do you use a free email address or one that is associated with mass emailing services? What can that do to your business?
I recently had a member who had received an email, his name has been removed to protect his identity. Here is how it read:
Attn:(insert name here)
I am the personal/sole executor to the late Mr.Robert Schroeter hereinafter referred to as my client who worked as an independent oil magnate in my country.He died in a car crash with his immediate family in East London on November 5, 2002..
Mr Robert had Left behind a deposit of 6.8 Million British Pounds Sterling only with a trust company After his death,the Trust company contacted me being his attorney to provide who is right heir to his fortune and this according to them is their policy in sure circumstances.Directors of the company just adopted a resolution and I was mandated to provide his right heir for the release of the fund within a very limited time or forfeit the fund as an abandoned funds.your last name is similar making it easier.
It is unprofitable for his funds to be submitted to the government of this country or some financial institution.Like I said, I require solemn confidentiality on this. Please get in touch with me by my alternative email (hammwrkrichard@hotmail.com) 44-701 113 9692 for better confidentiality and send to me your telephone and fax numbers to enable us discuss further on this transaction. Thanks for your understanding.
Richard Hamm.
solicitor at law.
44-701 113 9692
hammwrkrichard@hotmail.com
What? A “solicitor at law” is using a hotmail account? This was my first tip off that this was an unprofessional email.
I mean, come on. Who would use a free email account for such “private” information? Surely an attorney would know better. Or would he?
Here’s another email I received just today that had me even more puzzled. This is what appears to be an official type email directed to me, and again the user is using AOL. I know there is a paid version of AOL as well, heck I used to pay the 20 or 25 bucks a month for AOL when they first started – but I know better now. When you get your own website, you can easily create your own private email addresses which give you a more professional look IMO (IMO means “In my opinion” which by the way my opinions are covered I believe by the first amendment 
.
Without further adeau here is that letter:
THE PEABODY LAW FIRM
620 Newport Centre Drive, Ste 1100
Newport Beach, California 92660
E-Mail: peabodylaw@aol.com
Telephone:(949) 200-4610
Facsimile:(949)200-4611
May 29, 2009
Ms. Jill Carpenter
Groton, Massachusetts
Re: Blog: First Request for Address to Effect Service of Process: Demand to Cease and Desist:
Dear Ms. Carpenter:
This office represents the interests of Heidi Diaz and Kimkins. In light of the contents of your recent blogs and web pages, it is apparent that you are familiar with my client(s) as well. My office is preparing litigation which involves your recent willful conduct and activities aimed at harming or interfering with my client and my client’s ongoing business interests.
As such, demand is hereby made that you immediately cease and desist from making any further derogatory or untoward comments on your blog(s) regarding my client and her business interests. In the event you fail to comply with this demand immediately, my client has instructed my office to vigorously pursue all avenues of relief for her damages via a court of appropriate jurisdiction. I further request that you provide your address or an address of your legal counsel authorized to accept service of legal process on your behalf.
In the event you fail to do so, I will promptly issue a subpoena to obtain your personal information from your internet provider.
Please feel free to contact me at your convenience to discuss this matter or in the event you have any questions or comments.
Sincerely,
THE LAW OFFICE OF TIMOTHY P. PEABODY, ESQ.
By:
Timothy P. Peabody, Esq.
Attorney for: HEIDI DIAZ dba KIMKINS
kks/TPP
cc: Client File
What is up with an aol email? And even more puzzling and unprofessional, what if I told you this email was not sent to my personal direct email address from the initial sender? It was sent to another party who forwarded it to me! How messed up is that?
Mr. Peabody may as well have just posted it in the comments area here on my blog. Since it had already been shared with another party, there is obviously no reason for me to hide it. Apparently Mr. Peabody didn’t think it was anything to really keep private, so why should I?
Let’s address the rest of this letter while I’m at it. Hold on while I pour myself a drink.
Yum. Ok.
Dear Ms. Carpenter:
Yes, that would be me.
This office represents the interests of Heidi Diaz and Kimkins.
Why? Er I mean, you poor thing. I guess someone has to though. Honestly, I’m happy my good tax dollars are not going to pay for that defense. So thank you Mr. Peabody for offering to take her money and defend her – which by the way if you didn’t know, some of that money she is paying you was probably generated by myself during the time of the Womans World promotion. So in effect my past efforts have been paying you in a round about way. Just think, there wouldn’t be funds to pay you if it weren’t for the marketing efforts of myself and some other affiliates.
In light of the contents of your recent blogs and web pages, it is apparent that you are familiar with my client(s) as well.
You could say I’m a tad bit familiar with the case. Yes, I may have invested a year or so doing my best to help uncover FRAUD. That is what a good citizen does. Not just uncovering the fraud, but making sure others are well aware of it. IMO.
My office is preparing litigation which involves your recent willful conduct and activities aimed at harming or interfering with my client and my client’s ongoing business interests.
Oh! Exciting! An Investigation of some sort? You will need to investigate to prepare for your litigation I’m guessing? Will Kojak and Jessica Lansbury be there? How about that other guy with the trench coat – you know, oh gosh, I forgot his name. Perhaps my commenters will remind me. It’s on the tip of my tongue with some vodka right now so please forgive me.
“willful conduct and activities aimed at harming or interfering with my client and my client’s ongoing business interests.”
Now just hold on a minute there Mr. Peabody – you got it all wrong. My goal here at this blog is to expose online scams. If your client has done nothing wrong then honestly she has nothing to fear. What can little old me do here in Groton Mass? ROFLMBO Ok, I just had to look it up and it does appear that such a place exists. I can tell you with all honesty on both of my grandmothers graves I have not lived there and that is not where I am. But thank you for letting me discover a new place on google maps.
“my client’s ongoing business interests.“
Sorry, but I just had to break that up a bit more. Now Mr. Peabody, how the heck would I know what your clients ongoing business interests are? I don’t live in her house. I don’t even live in the same state. Geeze, if I had that information I would be one powerful person. I guess I’m flattered at the credit you give me.
As such, demand is hereby made that you immediately cease and desist from making any further derogatory or untoward comments on your blog(s) regarding my client and her business interests.
Hmm. So if I say Heidi Diaz did not lose 198 lbs in 11 months and was not the woman in the lawn chair, nor the woman in the red dress, I should be ok, right? But I don’t get why what you’re alluding to is that I can not say something like “she is also the founder of simplechoicesdiet.com” because that might be a business interest? That information is public knowledge. Why am I not allowed to say something like that? Is she wanting to keep that information private for some reason? Because honestly she didn’t do a very good job of it. That information practically landed in my lap – like she was flaunting it. Yes, I can’t tell you how right now for obvious reasons – but that information is avalable all over the web. Heidi Diaz owns simple choices diet, Heidi Diaz owns simple choices diet, Heidi Diaz owns simple choices diet. There. I said it. Big Whoop.
In the event you fail to comply with this demand immediately, my client has instructed my office to vigorously pursue all avenues of relief for her damages via a court of appropriate jurisdiction.
Damages? What? What about my hair falling out? What about my business going down the toilet for promoting a diet where she gave me materials to promote with that she had no right to be sharing – IE Russian bride pictures on banners? What about her false story that she told me I could use – along with anything on the Kimkins site to promote her diet? You want to talk damages? What about the mental anguish I faced when realizing I was promoting a diet that was based on fraud? That I believed that woman had lost weight and kept it off, only to find out it was all a lie? Do you have any clue about my damages? I have been VERY kind to not even address them in full at this time, but if you think I am going to sit here and take your threatening letter, you’d better think again.
I further request that you provide your address or an address of your legal counsel authorized to accept service of legal process on your behalf.
Request all you want Mr. Peabody. Perhaps I will request to get your computer and email correspondence as for all I know you sent this email to a thousand people. An email that should have been sent directly to me as a private and confidential matter. That you sir had knowledge of my websites, and could have simply sent me an email though the proper channels, but chose to send it to a random person who now knows about this.
In the event you fail to do so, I will promptly issue a subpoena to obtain your personal information from your internet provider.
I’ll tell you what. You give me your information, and I’ll give you mine. Maybe.
Please feel free to contact me at your convenience to discuss this matter or in the event you have any questions or comments.
Here’s a tip to you Mr. Peabody – if that is your real name. Get yourself a real email address to reply to other than that AOL thing you put on your letter. That just doesn’t cut it for me – as you can see from the first scam mail at the top of this post.
Share this Post[?]
Class Certification GRANTED! Expert Kimmer REMOVED! Woohoo
Finally, as we approach the 2 year anniversery of the Kimkins scam, today was a big victory for the ducks as Class Certification has been granted. In addition, Live Person – a site dedicated to providing live expert advice has removed Heidi Diaz from their list of experts.
What now?
There are still some more details that need to be hashed out at the Riverside court house, but if nothing else we have proven we have a real case and a certified class.
Members on the list of 40,000 will all need to be contacted, meaning someone will be requested to offer up some information we have been unable to access.
The current state of assets of Kimkins.con are unclear at this time. While a summary judgement request is expected we can only wonder if the amount can really be covered. Of course, there are other tactics that will probably be considered by the defendant – but these will only further exhaust what ever funds may be left. If someone is smart, they will cut their losses now and get while the gettin is good.
There is a saying from anyone who has worked for the government. “Hurry up and wait.”
The next court case hearing appointment that is currently scheduled is for June 8th. While I’m anxious to see things moving again, at least we can now be certain they are moving in the right direction.
Share this Post[?] Win $300! Kimkins Essay Contest 2009
Wowee! A Kimkins Essay Contest!
I just got the newsletter, and looks like I have a chance to win anywhere from $50-$300 usd from an entry into the Kimkins Essay Contest 2009.
Here’s your chance — tell us!
TOPIC: Why I Like Kimkins
PRIZES: $50-300
ENTRY FEE: None
DEADLINE: May 11, 2009
WORD COUNT: Minimum: 250 Maximum: 1,000
WINNERS ANNOUNCED: June 1, 2009
GUIDELINESEntries will be judged on originality, sincerity and how well your message is conveyed.
Essays may be typed or handwritten.
Before/after photos may be included to demonstrate your message.
Entries will be blind judged. Personal identifying information will be removed before forwarding to the Selection Committee.
Entries must include first name, last name, Kimkins user name, email address and home address. Please write or type the information on your essay.
Winners will be announced on June 1, 2009. Certified checks will be mailed to the winners by June 15, 2009.
Winning essays may be published at Kimkins.com and personal information removed.
Kimkins staff members, vendors and consultants are ineligible to enter or judge entries. The decision of the Selection Committee is final.
Submit entries by email to webmaster@kimkins.com or mail at Kimkins, 575 Calhoun St., Corona, CA 92879.
Entries and photos must be received by email or postmarked by May 10, 2009 12:00 a.m. Entries received after the deadline will not be considered.PRIZES
1st Place: $300 cash & free Kimkins gift membership
2nd Place: $150 cash & free Kimkins gift membership
3rd Place: $50 cash & free Kimkins gift membership
5 Honorable Mention: Kimkins gift basket & Kimkins gift membership
Ok, so there’s the details. Let’s see if I can get a head start on this.
Let’s begin with the first question. Why do I like Kimkins? Hmm. Why do I… Hmmm Like Kimkins….hmmm.
Oh, I know!
If it weren’t for Kimkins, I would have never learned so much about the internet, online marketing, scams, and diets. Kimkins opened my eyes to how easy it is to steal borrow photo’s from Russian Bride websites and use them as your own success stories or what ever you please. This opened my eyes to a plethora of other ways photos can be used on the internet to con convince people your product is good.
Thanks to Kimkins, I have learned that yahoo answers can be used to drive traffic to your website promotions. I have learned the art of sock puppetry. Yes, just like pen names, a person can create many personas on the web and use them to be as many people as they desire. The more different people you can portray, the more it looks like you have a great product to promote, especially when everyone is saying great things about your product.
Thanks to Kimkins, I have learned how vitally important article marketing is and how your articles can spread like weeds all over the internet giving you a bazillion backlinks to your website. I have also learned that activists can get these articles removed with some good old fashioned elbow grease.
Kimkins has been instrumental in helping me find new friends that will be with me for life!
If it weren’t for Kimkins, I would still be in the dark on how easy it is to sue someone and get sued. I have learned to accept life on the run as just a normal part of everyday life. I have learned that if you are trying to sue someone in another state over an internet issue that you may get shot down for “lack of jurisdiction.”
I have learned the importance of a class action lawsuit. How it is something created to protect everyone. I have learned that the court system is very slow in Corona California, but that a lawyer like John Tiedt is a one in a million God send. He has been persistent for well over a year now and has assured us he will not stop until the right thing has been done.
Thanks to Kimkins, I have learned there are free forums on the internet and people who can support you in your weightloss journey. I now know that fast weightloss can cause some serious damage and that gastric bypass patients really need the serious care of a doctor and they need many supplements to maintain their health. It’s not just about making the stomach smaller so you can eat less.
I have learned that some kind of exercise is really important for long term sucessful weightloss. Also, that anything below 800 calories a day is considered starvation.
I like how Kimkins has helped me learn the lesson of how some things need to be kept very quiet until thoroughly investigated.
Most of all, I like Kimkins for the never ending blog topics I am presented with. I can find another angle to hash out just about any day of the week.
I have also learned that it is frowned upon now by the FTC for affiliates to be incentivised with product or money to write positive reviews on a product. How that can get the blogger and the product owner into a whole heap of trouble if done wrong.
Finally, I have learned that even if you never say anything wrong on a forum that you can still be banned from your lifetime membership. That some don’t understand the meaning of spreading the truth and that freedom of speech is a right here in the USA.
Yes, I like Kimkins for the learning experience it has provided me on all these things.
Ok, so there is the first draft of my essay. I would like to submit some photos but my camera is on the fritz at them moment. Hmm, DUH! Yes! I have some photos:
Yes, that is me before Kimkins – and here is my after:
Thanks Kimkins!
Share this Post[?] FTC, Affiliates, Product Claims, Article Marketing, Kimkins? Phew!
I have to begin today with the source of the sudden frenzy:
http://www.ft.com/cms/s/0/9a58f44c-1fae-11de-a1df-00144feabdc0.html?nclick_check=1
It appears the FTC has finally decided to start cracking down on products that are promoted via viral marketing and using false claims. This crack down can be extended to blogs as well who chose to publish those materials.
The main target of the new guidelines appears to be the widespread practice of viral marketing in which companies recruit non- employees to talk up products in exchange for samples or promotions.
So, where does this put things?
Well, product owners are now responsible for what other are saying about the product. In addition, as a blog owner – should you blog something about a product endorsing it, you could be in hot water if the findings you publish are not true.
I had to think about all the original articles that Kimkins had floating around. Those articles are still found on miscelaneous blogs, and many are so far from the truth as far as the information they deliver. The original source of many of those artilcles can be traced back to Kimkins.com. And what becomes of the article directories harboring those materials? The viral marketing that has been touched on refers more toware social sites like Twitter and Facebook – but should only one child be punished for being bad when all of them did it?
What is to be said about the Kimkins affiliate program? Affiliates who can not afford the plan are incentived with the option to promote the diet, sell a few, and get a membership. But, how do you promote something you know nothing about? You are reliant on sources found freely on the web.
An uneducated blogger may choose to find previously published articles as a means to promote. Hey, we’ve seen it happen folks. In turn, the blogger can be held responsible for publishing misleading information, as well as the main source of the product – in this particular case I’m referring to Kimkins.con.
I wish these matters had been brought up a few years ago.
And while some marketers are beginning to scream “Not fair!” It forces marketers to be a little more careful of what they are promoting.
I won’t lie to you. There is an easy formula to marketing and it is quite possible to follow that formula over and over – using it for a variety of products available online. It almost makes it too simple to sell something.
I for one have no issue with taking some time to decide if what I’m promoting is really all that it says it is. I hope this scare will encourage others to take a good look at what they are doing. It could really help clean up some of the crap out there.
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
