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.

        

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
GUIDELINES

Entries 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!

        

Last night there was no dinner for me, as I was just about to eat and the 80 year old got hostile that I had delayed in sitting at the table. What was I doing? I was finishing up an article for an ezine submission. My first one. Anyway, people got all upset and stammered out of the room, and I thought the anger was all on grandpa for yelling at me, but I found out this morning that I am “almost family” and after 5 years this sent me over the edge.

All ended on a good note late this evening. Less than 24 hours and not only was my article accepted, but I am an ezine expert. I came to find out not everyone is accepted on the first attempt, and if they are, not everyone is considered an expert.

My article revolves around 1 of 10 niches outside the internet marketing arena. No niches in “diet.” I am way under qualified to be giving anyone diet advice. I could easily weave a web of convincing materials like Heidi Kimmer, but it’s just not my style. Peoples lives are at stake. I’m amazed at the people who push pills, and elixers – all with no concept of what they do and never even trying them. Apple patch diet. What a crock. Consumers really need to watch it.

I have been busy, but not too busy to remember March 8th, the day I joined Kimkins. I got through it, and the one thing I will resume that I did before on it was my daily walks. Just waiting for a little more snow to melt.

        

Forget starvation and laxatives. Say goodbye to diet induced hair loss.

I have investigated this diet, and it’s founders. I find them to be so reputable!

My prayers have been answered by Fat Foe!

There is even a doctor to approve the plan!

I urge all of you to visit the website today and take the free quiz.

        

It only took a year for Kimkins to spread it’s deadly word on the internet. Was it the too good to be true offer itself or the techniques used?

I think it was a bit of both. The thought that someone lost 198 lbs in 11 months, and maintained it for 5 years really caught my eye. It was a miracle! This could end world wide obesity! Who wouldn’t want to share that kind of story? Everyone has someone in their family who is a bit overweight. If you don’t, I highly recommend you high tail it over to the sperm or egg donor bank. Oh, and I’m talking to the Americans here. I know some other countries that will swear up and down they don’t have any fat people, and until I go there I will take their word for it.

So, the message or virus to begin with was powerful. Too bad it wasn’t true. It’s this kind of junk that spoils it for the rest of us who really may come across a miracle product.

The second factor has to do with where one chooses to sneeze. If you just stay home and sneeze away, who can you infect? You need to sneeze in highly populated areas, and on people who will be susceptible to your virus.

Who is a good host for the Kimkins virus? People desperate to lose weight. Where would you find them? Well, in weight loss forums of course. And that is where Kimmer began her sneezing.

Heidi didn’t stop there. She went on to article submission sites, blogs, and into every nook and cranny of the internet. She even suggested their were celebrities using the Kimkins diet. What happens when young teen girls think their idols are on the kimkins diet? They want to do it too. And I think we all have an idea of young teen girls on the phone, sending text, and the gossip they love to share.

My friends at the Low Carb Friends forum have been working day and night to use the power of viral marketing to help stop the Kimkins virus. We have a message, and it is getting out there. Our virus is one that can save lives.

Anyone coming across this blog, I ask of you one thing. Please help us spread our message about the dangers of the scam diet Kimkins. It’s easy to do. If you post in any other interest forums, you can mention it to your friends. If you’re out this New Years Eve at a party, and someone has mentioned to you their intentions to start their diet this year, warn them about Kimkins. Got a blog? Give us a mention. Post a message at your local laundry mat or grocery store.

What’s in it for us? We don’t get paid any money. Just the warm feeling that we may have saved a few lives.

What’s in it for you? Friends and family having a long healthy life.

It’s as easy as a sneeze.

        

I tried to contact shareasale, one of the companies that hosts affiliates and their programs. I will try some more, but in the mean time I thought I’d contact the individual programs that are featured on the Kimkins home page.

I wrote a while back about not only knowing who you are selling for, but who is selling for you. Kimkins is selling for Egg Whites International. Here is the letter I sent to them:

Dear EWI Representative,

I’m writing to inform you that a website you are affiliated with through the shareasale program is currently facing a class action lawsuit.

Kimkins.com falsely represented their weight loss program, and the program itself promotes a 500 calorie per day diet. As a “health promotion” site, you are probably aware that the low calorie intake promoted by Kimkins.com is below the level of starvation.

In addition, Kimkins used confirmed stolen copyrighted materials, used fake pictures and fake testimonials to promote their diet.

I am a former affiliate of Kimkins.com. I no longer endorse the product.

Heidi Diaz, known as “Kimmer” made claims of losing 198 pounds in 11 months, and has recently confessed to these false claims at a court deposition.

I write to warn your company of the possible dangers of an affiliation with a fraudulent company.

The following is a list of websites you may wish to review should you decide to investigate the matter:

http://www.3fatchicks.com/Diets/Diet_Articles/Kimkins:_Anatomy_of_a_Diet_Scam/

http://lowcarbdiets.about.com/od/populardietplans/a/kimkinsdiet
.htm

http://affiliatescams.wordpress.com

These are just a few. There are national news broadcasts available online covering the scandal and the non-nutritional value of this diet.

I am happy to provide any additional information you may require.

I know if I were involved with a fraudulent affiliation, I would want someone to warn me.

Thank you for your time, and I wish you a safe and healthy holiday season.

Sincerely,
Here is the reply:

Dear Jill,

Thank you very much for your concern and for giving us this information about Kimkins.com. We want to assure you that we in no way endorse this company or their diet program. However, if they choose to endorse our product and advertise it to their consumers, we believe that this can only help their customers. These customers that see our product on this website through the affiliation actually talks to one of our sales representatives at Egg Whites International. If Kimkins.com wants to advertise us on their website, we can only believe this will be a benefit to their customers. For your information to learn more about our product for your own benefit, go to www.eggwhitesint.com/healthfacts.

Thank you and Merry Xmas.

Ray McCabe
President
Egg Whites International

Here is my reply:

Dear Ray,

By allowing the link from the Kimkins.com site, you are allowing
commissions to Kimkins.com, and in return helping to fund this
fraudulent website. I understand the service you are trying to
provide, but I also understand how affiliate marketing works. I am
disappointed with your decision to allow Kimkins to profit.
I hope you will reconsider your position on this matter.

Wishing your company a safe and healthy holiday season as well.

Sincerely,

And here is his final reply back:

Dear Jill,

I appreciate your opinion and I will take the time to look further into this company to form my own opinion. However at this time I feel that the consumer using the product is profiting much more than the minimal amount of money Kimkins.com makes off our affiliate program. Have a very merry Xmas.

Ray

Oh, Ray, how can I have a merry Xmas knowing that you allow corporate greed to win? Not only that, but Ray, you’re missing out on the bigger picture here. There are really good companies out there that would take notice of your stance. There are people you have a chance to affect in a positive way. How can I promote for you Ray? I really can’t.

And Ray, do you know what they are doing with your egg whites in there? Do you know about the egg white challenges on Kimkins? There are people who only eat egg whites for days and days and days, just because they are nil in carbs and really have no calories. Ray, I’m talking to you – pay attention. Do you know how hard it is to eat even 500 calories in egg whites? That’s a lot of egg whites. Do you think it’s safe to eat only egg whites for days, and take a centrum for all your vitamin needs? Do you really think a centrum and some egg whites are a healthy diet?

I don’t care if Kimkins isn’t making a dollar a year from promoting your products. Just the fact that you decide to allow them to remain affiliated with you puts you in chateau bow wow.

I hope Ray enjoys counting his holiday profits while his customers are losing hair, getting sick, and starving themselves to death.