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For the most part depending on who the vendor is Audiogon wont post negative feedback.......at all.
Ex. American Theater Systems is a shady company selling unauthorized home theater equipment. Yet they have great feedback on Audiogon. Why? Because Audiogon will not post the negatives.Check American Theater Systems feedback at Ebay as:
1. rosebud611:
http://cgi3.ebay.com/ws/eBayISAPI.dll?ViewUserPage&userid=rosebud6112. dr_audio:
http://feedback.ebay.com/ws/eBayISAPI.dll?ViewFeedback&userid=dr_audio&iid=3. nathanial4:
http://feedback.ebay.com/ws/eBayISAPI.dll?ViewFeedback&userid=nathanial4&iid=As nathanial4 he is stupid enough to use the same 800 #, the same verbose verbiage and the same inane b.s. about friendly service.
Check this sale:
http://cgi.ebay.com/SONY-VPL-VW100-BEST-1080-3-chip-projector-2005-06_W0QQitemZ5864154998QQcategoryZ75421QQcmdZViewItem4.as dr_audio on audigon:
http://cgi.audiogon.com/cgi-bin/fb.pl?user=Dr_audio&&&¬e: 20 feedback responses 2 are double. Most are from people who have made only one purchase. These were left by himself as he did with the nathanial4 feedback as dr_audio.
Read them all there are actually 4 negative. 1 out of 4 sales are bad. The good ones are sales with himself.The audiogon site claims that:
AudiogoN Showcase Dealers are top rated vendors of high-end equipment, and they must be fully authorized by the manufacturers they represent........
That statement is outright FRAUD. Which is a crime because it is being used to lure unsuspecting consumers.
American Theater Systems is NOT AUTHORIZED to sell anything. Yet Audiogon claims they are authorized to sell everything they list.
The feedback is also blatant fraud. And also criminal, as it is also being used as a marketing tool to again lure unsuspecting customers.
Ebay does not pick and choose which feedback to display. Audiogon does.
The fact that anyone would puchase anything listed on the Audiogon site is incredulous. They need to be investigated for FRAUD by the attorney general in Michigan where they are located.
It also lies within the jurisdiction of the home state of anyone so defrauded as a result of their fraudulent practices. As well as the U.S. Attorney General as the sales are made across interstate lines.
Bottom line: Audiogon is a FRAUD.
1.Using feedback as a selling tool to "Hook" customers and conveniently leaving out the negatives. FRAUD
2.Claiming that their "verified sellers" are authorized by the manufacturers when they know they are not. By doing so "Hook" customers. FRAUD
3.Allowing on their site the posting of links to images of items the seller is not authorized to sell. Trademark Infringement.
4.Allowing sellers to claim items are warrantied without providing information on how to get a copy of the warranty. Fraud
Definition of FRAUD:
1 a : DECEIT, TRICKERY; specifically : intentional perversion of truth in order to induce another to part with something of value or to surrender a legal right b : an act of deceiving or misrepresenting : TRICK
Merriam-Webster Dictionary:http://www.m-w.com/dictionary/fraud
Definition of Trademark:
1 : a device (as a word) pointing distinctly to the origin or ownership of merchandise to which it is applied and legally reserved to the exclusive use of the owner as maker or seller.
http://www.m-w.com/dictionary/trademark
Section of the Lanham Act:
"use in commerce any reproduction, counterfeit, copy, or colorable imitation of a registered mark in connection with the sale, offering for sale, distribution, or advertising of any goods or services on or in connection with which such use is likely to cause confusion, or to cause mistake, or to deceive; or "
http://www.bitlaw.com/source/15usc/1114.html§ 43(a). This provision prohibits any use of a false or misleading description or representation in commercial advertising or promotion that "misrepresents the nature, characteristics, qualities, or geographic origin of. . . goods, services, or commercial activities." Courts have formulated the following elements for a claim under § 43(a):
The defendant must have made a false or misleading statement of fact in advertising.
That statement must have actually deceived or had the capacity to deceive a substantial segment of the audience.
The deception must have been material, in that it was likely to influence the purchasing decision.
The defendant must have caused its goods to enter interstate commerce.
The plaintiff must have been or is likely to be injured as a result.
Finally, although § 43(a) appears to be aimed at protecting consumers, the Lanham Act provides no cause of action to consumers, only to business competitors. Barrus v. Sylvania, 55 F.3d 468
http://www.rkmc.com/Lanham_Act_Also_Applies_to_False_Advertising_Claims.htmFor consumers the Federal Trade Commission Act:
"Sellers are responsible for claims they make about their products and services. Third parties - such as advertising agencies or website designers and catalog marketers - also may be liable for making or disseminating deceptive representations if they participate in the preparation or distribution of the advertising, or know about the deceptive claims."
"Advertising agencies or website designers are responsible for reviewing the information used to substantiate ad claims. They may not simply rely on an advertiser's assurance that the claims are substantiated. In determining whether an ad agency should be held liable, the FTC looks at the extent of the agency's participation in the preparation of the challenged ad, and whether the agency knew or should have known that the ad included false or deceptive claims."
Warranties and Guarantees
Warranties
The Rule on Pre-Sale Availability of Written Warranty Terms requires that warranties be available before purchase for consumer products that cost more than $15. If your ad mentions a warranty on a product that can be purchased by mail, phone or computer, it must tell consumers how to get a copy of the warranty.Testimonials and Endorsements (ie: FEEDBACK)
Testimonials and endorsements must reflect the typical experiences of consumers, unless the ad clearly and conspicuously states otherwise....http://www.ftc.gov/bcp/conline/pubs/buspubs/ruleroad.htm
http://www.ftc.gov/bcp/conline/pubs/buspubs/mailorder.htm
http://www.ftc.gov/other handy tidbits.
1. Items MUST be shipped within 30 days. Unless you say otherwise.
2. If Nothing is shipped you are to be returned "all fees tendered" for item, tax, shipping
etc.
Being charged a "restocking fee" for something not shipped is called "THEFT"
Follow Ups:
I agree. I have had several positive transactions on AUDIOGON and when a buyer tried to suggest I sent damaged goods, I proved through the manufacturer that the claim was false and still AUDIOGON refused to post the negative feedback. The fact that the users must approve the input negates the validity. Absolute buyer beware.
Fabulous site.
American Theater Systems is a scam. They lie right off the bat about with the "we are authorized for everything we sell" crap. Then they have the audacity to be rude and arrogant and to curse at people.Audiogon helps pepetuate the fraud by claiming they are authorized. They're not. And Audiogon does not post negative feedback about American Theater Systems.
The companies that drop ship for American Theater Systems are almost as bad. By violating the terms of their manufacturers' agreement they hurt legitamate companies thet play by the rules.
Two of the companies that drop ship are State Street Discount in Portsmith, New Hampshire and The Record Shop in Cherry Hill, New Jersey.
Someone who has been stiffed on an Audiogon sale should file a complaint with the FTC.
Both these companies lend credence to P.T. Barnum's expression "a sucker is born everyday".
Unlike some states, MI takes any comsumer complaint very seriously. I have yet to find someone who complained about the MI States Attorney General plus Consumer Protection & Fraud Division. They will even act swiftly on a UPS denied claim that is a sorry, sorry mess at times. Of course, with the State & Prepaid Legal Services (PPL) contacting UPS, UPS changes their mind in short order.Welcome to the new century- the hand with the big hammer wins.
I am about all done with listing on Audiogon. List new old stock Western Electric 300B & other rare tubes at good prices & the tubes just sit there. Place same tube at same price or even higher as BIN on eBay & the rare tubes sell within an hour in most cases.
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