tag:blogger.com,1999:blog-48911117479161330592024-03-13T13:57:27.092-04:00mariasolExposing the Kimkins Diet Scammariasolhttp://www.blogger.com/profile/01742688114468415320noreply@blogger.comBlogger228125tag:blogger.com,1999:blog-4891111747916133059.post-78345757823178013722010-12-29T10:59:00.003-05:002010-12-29T11:05:45.933-05:00Thinking about trying the Kimkins diet?Perhaps you should think again. The court ordered statement was just posted on the Kimkins diet website.<br /><br /><blockquote>The California Riverside County Superior Court has ruled in Jeanessa Fenderson, et al. v. Heidi Diaz, Kimkins, Case No. 483005 that Heidi Diaz and Kimkins have engaged in f<b>alse advertising and fraudulent business practices</b>. The Court found that Defendants Kimkins and Heidi Diaz aka "Kimmer" during the class period, (January 1, 2006 through October 15, 2007, hereinafter "Class Period") have <b>falsely represented the success of the Kimkins diet</b> in that Heidi Diaz, as creator of the Kimkins diet,<b> lied about her representations concerning the amount of weight she lost on the Kimkins diet.</b> The Court also found that the "after diet" images promoted to be Heidi Diaz aka "Kimmer" following the alleged use of her Kimkins diet, posted on the Kimkins.com website and advertisements during the Class Period were not Heidi Diaz, but were actually misappropriated images of models who were used to <b>mislead the public into believing that Heidi Diaz aka "Kimmer" was successful in her weight loss.</b> The Court also found that Defendants, Kimkins and Heidi Diaz aka "Kimmer" used <b>false testimonials</b> on the Kimkins website during the Class Period to mislead the public as to the success of the Kimkins diet. The Court also found that Kimkins and Heidi Diaz aka "Kimmer" used misappropriated photographs of 41 models that were used with false testimonials on the Kimkins.com website during the Class Period to mislead the public as to the success of the Kimkins diet.</blockquote>Is this really a diet you would want to follow? Paying money to this woman?mariasolhttp://www.blogger.com/profile/02401598691576886333noreply@blogger.com0tag:blogger.com,1999:blog-4891111747916133059.post-15829885000211629282010-10-29T20:03:00.002-04:002010-10-29T20:37:16.927-04:00Kimkins Trial VerdictThe Court found in favor of the plaintiffs on all points.<br /><br />We have a judgement based on fraud for $1.8 Million.<br /><br />We have punitive damages for $500,000<br /><br />We have injunctive relief, which includes she can not further lie to promote her diet. She can not use fake photos, success stories or testimonials to promote her diet.<br /><br />While we won't see a court ordered 404 message we got something even better.<br /><br />Heidi must put a notice on ANY website she starts for any purpose, diet or otherwise, that explains that she lied, used fake success stories and testimonials, that she mislead, that she used deceptive practices. She is going to have to post a notice that explains that low calorie diets can be dangerous, with a list of possible adverse side effects (the wording of the notice is to be worked out between the lawyers and the judge). There is NO expiration of these notices.<br /><br /><b>The Judge included a PERMANENT restraining order wherein Heidi (or any of her socks) are prohibited against contacting in ANY form with any/all class members, class plaintiffs, lawyers, their families, their staffs (which includes me, Laura) for the rest of our lives.</b><br /><br />Oh, all of her assets have been frozen until the judgement is entered and served.<br /><br />This may be appealed, of course, but today, WE WON!!!!!<br /><br />The official version:<br />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.<br /><br />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.<br /><br />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.<br /><br />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.<br /><br /><br /><b>John E. Tiedt</b><br /><b>TIEDT & HURD</b>mariasolhttp://www.blogger.com/profile/01742688114468415320noreply@blogger.com1tag:blogger.com,1999:blog-4891111747916133059.post-45352127207316951162010-10-27T18:13:00.004-04:002010-10-27T19:13:37.730-04:00Kimkins Meet-UpRemember how Kimmer - Heidi Diaz - announced Kimkins meet-ups in Vegas, more than once, and they never happened? The first time it was something about gas prices, the second time never got off the drawing board if I remember correctly.<br /><br />Now, she finally got her meet-up but not the way she envisioned it, I'm sure. Not in Vegas either. Court house in Riverside, CA.<br /><br />It is likely the first time Kimmer has ever met any Kimkins dieters but I doubt she has any interest in socializing or chatting with them. The girls are <span style="font-weight: bold;">former</span> Kimkins members that are there to bring Heidi to justice and to have the Kimkins website removed from the internet. I'm sure that the testimony by these girls is nothing like the praise that Heidi would have expected from a meet-up at the time Kimkins operated as a cult. But perhaps even then, the people meeting her would have had this reaction:<br /><br /><a onblur="try {parent.deselectBloggerImageGracefully();} catch(e) {}" href="http://2.bp.blogspot.com/___-VFSjHLDg/TMimNwTMXZI/AAAAAAAAABQ/pXpDlQD3FpQ/s1600/xd9xj6.jpg"><img style="display: block; margin: 0px auto 10px; text-align: center; cursor: pointer; width: 400px; height: 299px;" src="http://2.bp.blogspot.com/___-VFSjHLDg/TMimNwTMXZI/AAAAAAAAABQ/pXpDlQD3FpQ/s400/xd9xj6.jpg" alt="" id="BLOGGER_PHOTO_ID_5532854897458568594" border="0" /></a><br /><br />Picture courtesy of CarolynF on LCF.mariasolhttp://www.blogger.com/profile/01742688114468415320noreply@blogger.com0tag:blogger.com,1999:blog-4891111747916133059.post-29345233810934482702010-10-26T07:32:00.006-04:002010-10-26T07:51:39.464-04:00Kimkins Trial is UnderwayThe trial should have started yesterday but due to a busy schedule, it was postponed until today. Heidi Diaz was not present yesterday but she is expected to show up today. Will she wear stretch pants to court?<br /><br /><a onblur="try {parent.deselectBloggerImageGracefully();} catch(e) {}" href="http://2.bp.blogspot.com/___-VFSjHLDg/TMa9YRYcDDI/AAAAAAAAABA/ldVEROV24PE/s1600/kimmer_2007.jpg"><img style="display: block; margin: 0px auto 10px; text-align: center; cursor: pointer; width: 195px; height: 400px;" src="http://2.bp.blogspot.com/___-VFSjHLDg/TMa9YRYcDDI/AAAAAAAAABA/ldVEROV24PE/s400/kimmer_2007.jpg" alt="" id="BLOGGER_PHOTO_ID_5532317416951647282" border="0" /></a><br /><br />Probably not. But perhaps red as here at the deposition almost 3 years ago:<br /><br /><a onblur="try {parent.deselectBloggerImageGracefully();} catch(e) {}" href="http://2.bp.blogspot.com/___-VFSjHLDg/TMa9z9MKGpI/AAAAAAAAABI/0IqTfSZrMNk/s1600/heidi3.jpg"><img style="display: block; margin: 0px auto 10px; text-align: center; cursor: pointer; width: 292px; height: 234px;" src="http://2.bp.blogspot.com/___-VFSjHLDg/TMa9z9MKGpI/AAAAAAAAABI/0IqTfSZrMNk/s400/heidi3.jpg" alt="" id="BLOGGER_PHOTO_ID_5532317892567767698" border="0" /></a><br />Rumor has it that she is no smaller than in the pictures above. I think that may not be helpful to convince the judge (no jury trial) that Kimkins is a great diet that helps obese people to shed the weight and keep it off. The fake success stories and fake photos don't lend any credibility to the diet either.<br /><br />The trial is attended by a number of plaintiffs and other people that have been involved in bringing Heidi to justice. We are lucky to get updates directly from court. Find out what is going on at the thread on <a href="http://www.lowcarbfriends.com/bbs/kimmer-threads/646258-official-notice-re-kimkins-lawsuit.html">Lowcarbfriends</a>.<br /><br />You will have to register at Lowcarbfriends to access the thread, but registration is free.mariasolhttp://www.blogger.com/profile/01742688114468415320noreply@blogger.com1tag:blogger.com,1999:blog-4891111747916133059.post-68539506568393656382010-10-17T08:42:00.006-04:002010-10-17T09:04:54.311-04:00Kimkins TrialIt just took 3 years but all our work is hopefully going to pay off.<br /><br />Heidi Diaz of Kimkins is going to trial on October 25. She is being sued for fraud in a class action suit initiated by former members with help from our eminent attorney John Tiedt.<br /><br />While many of us would want to see Heidi aka Kimmer punished for the dangerous diet advice she handed out (egg white challenge, anyone?) that is not what the trial is about. It is for fraud.<br /><br />Members paid for access to a diet forum led by an alleged diet guru that claimed to successfully have lost 180 pounds and maintained that loss for years. The claims of how efficient the diet is was backed up with success stories with accompanying before and after pictures.<br /><br />None of it was true. Heidi is morbidly obese and never lost the weight. Not with Kimkins, nor any other diet. The success stories were completely fabricated and the photos were "borrowed" from the 'net, namely websites for "Russian brides." These imaginary people had clearly never followed the Kimkins diet either.<br /><br />The outcome from the lawsuit that we plaintiffs are hoping for is to have Heidi to refund the membership fee to all members of the class. That would be some 30,000 people @ $39.95 that signed up before the scam was revealed and the lawsuit filed in October of 2007.<br /><br />The plaintiffs are also requesting that the Kimkins website is shut down.<br /><br />As I wrote a long time ago <a href="http://mariasol-mariasol.blogspot.com/2007/12/kimmer-so-dumb.html">Kimmer - so dumb</a> I have no doubt that she regrets that she didn't offer refunds way back when the scam was found out. I'm sure she has spent a lot more money on lawyer fees by now than what the refunds would have cost her at that time.<br /><br />I want to thank the principals that will represent the rest of us plaintiffs in the class during the trial. Good luck to you all, and we hope for a favorable outcome!mariasolhttp://www.blogger.com/profile/01742688114468415320noreply@blogger.com1tag:blogger.com,1999:blog-4891111747916133059.post-88735409972635664612010-07-28T14:08:00.000-04:002010-07-28T14:09:31.952-04:00Kimkins hearing 07/28/2010<span style="font-family:arial;"><span style="font-family:arial;"><span style="font-family:arial;">07/28/2010 8:30 AM DEPT. 05 </span></span><br /><br /><span style="font-family:arial;"><span style="font-family:arial;">HEARING RE: MOTION TO/FOR DECERTIFICATION OF CLASS BY HEIDI DIAZ, KIMKINS </span></span><br /><br /><span style="font-family:arial;"><span style="font-family:arial;">Denied </span></span><br /></span>mariasolhttp://www.blogger.com/profile/01742688114468415320noreply@blogger.com0tag:blogger.com,1999:blog-4891111747916133059.post-67020218701275964172009-12-23T13:33:00.011-05:002009-12-23T14:04:55.181-05:00Kimkins Class NoticeAlthough late, Heidi Diaz finally complied with the court order to post a notice about the class action lawsuit on her website kimkins.com. Or rather, she almost complied.<br /><br />She was ordered to<br /><br />THE COURT ORDERS THAT CLASS NOTICE SHALL BE PROVIDED THROUGH DEFENDANTS WEBSITE. THE NOTICE MAY BE THROUGH A LINK ON THE WEBSITE WHICH LEADS TO THE CLASS NOTICE.<br /><br />She posted the notice with a link that is not functional. No doubt will she blame "technical difficulties." You would think after having had a website business for over two years, she would have learned some basic things. Like a simple file upload.<br /><br />Just to show how easy it is: To open a pdf of the document, click this link: <a href="http://mariasols.com/notice/NOTICE%20OF%20PENDENCY%20OF%20CLASS%20ACTION.pdf">NOTICE OF PENDENCY OF CLASS ACTION</a><br /><br />It took me all of two minutes to upload it to my website.<br /><br />Of course, she could have made it even easier for herself by linking to any of the anti-kimkins blogs that have already posted the notice.<br /><br />Hopefully the court will find Heidi in contempt and fine her for not complying with the court order in a timely fashion. Surely, even a person that is not familiar with web sites and web technology must find any excuse of "technical difficulty" to be ridiculous. Really, if she can not perform such a simple thing, she has no business selling membership to a website that she is running.mariasolhttp://www.blogger.com/profile/01742688114468415320noreply@blogger.com0tag:blogger.com,1999:blog-4891111747916133059.post-88413847918738397932009-11-10T19:20:00.001-05:002009-11-10T19:22:44.830-05:00NOTICE OF PENDENCY OF CLASS ACTIONNOTICE OF PENDENCY OF CLASS ACTION<br /><br />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<br /><br />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.<br /><br />INTRODUCTION<br /><br />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.<br /><br />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.<br /><br />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.<br /><br />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.<br /><br />THE LITIGATION<br /><br />The Plaintiffs’ Claims<br /><br />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.<br /><br />6. Here’s a list of the kinds of misconduct that the plaintiffs have alleged:<br /><br />• that Diaz and Kimkins concocted a false persona, “Kim Drake” or “Kimmer” to sell memberships to Kimkins.com<br />• 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”<br />• that Diaz and Kimkins posted lied about “Drake’s” purported weight loss<br />• that Diaz and Kimkins provided false or misleading information to Women’s World magazine<br />• that Diaz and Kimkins fabricated 41 “success stories” and published on the Kimkins.com Web<br />• that Diaz and Kimkins made up celebrity endorsements<br />• that Diaz and Kimkins misused labels and metatags to steer Internet traffic to the Kimkins.com Website, in violation of the law<br />• 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<br />• that Diaz and Kimkins intended to mislead potential members and assumed that potential members would rely on her misrepresentations.<br /><br />The Defendants’ Position<br /><br />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.<br /><br />THE COURT’S CLASS-CERTIFICATION ORDER<br /><br />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.<br /><br />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.<br /><br />THE COURT HAS NOT EXPRESSED ANY OPINIONS<br />REGARDING THE MERITS OF THE PLAINTIFFS’ CLAIMS<br /><br />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.<br /><br />INSTRUCTIONS TO CLASS MEMBERS<br /><br />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.<br /><br />OPT OUT OF CLASS ACTION LAWSUIT<br /><br />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.<br /><br />WHERE TO GO & WHOM TO CONTACT<br />SHOULD YOU NEED MORE INFORMATION<br /><br />13. This notice provides only a brief summary of this litigation. For further details, you should take one or both of the following steps:<br /><br />• 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.<br /><br />• 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:<br /><br />John E. Tiedt & Marc S. Hurd<br />Tiedt & Hurd<br />980 Montecito Drive, Suite 209<br />Corona, California 92879<br /><br />Michael L. Cohen<br />Michael L. Cohen, a PLC<br />707 Wilshire Blvd., Suite 4100<br />Los Angeles, California 90017<br /><br />Ray Moore<br />Moore Winter McLennan LLP<br />701 N. Brand Blvd., Suite 200<br />Glendale, California 92103-4232<br /><br />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.<br /><br />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.<br /><br /><br />DATE: ___________________________, 2009<br /><br /><br />____________________________________<br />Hon. _________________________,<br />Presiding Judgemariasolhttp://www.blogger.com/profile/01742688114468415320noreply@blogger.com0tag:blogger.com,1999:blog-4891111747916133059.post-14732648677323790582009-10-28T10:24:00.005-04:002009-10-28T10:45:19.685-04:00Kimkins Opt Out NoticeThere was a court decision for the <span class="blsp-spelling-error" id="SPELLING_ERROR_0">Kimkins</span> Class Action Lawsuit on 10/27/2009. According to that decision, Heidi <span class="blsp-spelling-error" id="SPELLING_ERROR_1">Diaz</span> will be required to post an opt out on her website.<br /><br />To me, the natural thing would have been to require Heidi to use her extensive spam database that sends out <span class="blsp-spelling-error" id="SPELLING_ERROR_2">Kimkins</span> Newsletters to all members, including us that have been banned. Of course, Heidi supposedly has "lost" all her records and it might be hard to prove that this isn't the case.<br /><br />I'm looking forward to see the opt out notice. From the text below, it is clear that this has nothing to do with people wanting to support <span class="blsp-spelling-error" id="SPELLING_ERROR_3">Kimkins</span> and that think that this is a frivolous lawsuit. The opt out is meant to protect people that may want to sue <span class="blsp-spelling-error" id="SPELLING_ERROR_4">Kimkins</span> for personal injury. While the "injury" as such is not specified, my guess would be that the court had concerns about the numerous reports about health issues arising from following the <span class="blsp-spelling-error" id="SPELLING_ERROR_5">Kimkins</span> diet.<br /><br />I'm also looking forward to the next hearing on 10/29/2009. Will we finally see an order to shut <span class="blsp-spelling-error" id="SPELLING_ERROR_6">Kimkins</span>.con down? However, the court site says "finalization of notice" for tomorrow's hearing so the end of Kimkins.con will probably take place at a later date. Lawsuits take time but I have no doubt it will happen.<br /><br />COURTS SUBSEQUENT RULING ON 10/27/09 @ 08:30 FOR DEPARTMENT 05<br />10/27/2009 - 8:30 AM DEPT. 05<br /><br />HONORABLE MARK E JOHNSON, PRESIDING<br />CLERK: M. MARTINEZ<br />COURT REPORTER: NONE<br />COURT SUBSEQUENTLY RULES:<br />ORDER REGARDING CLASS NOTICE: THE COURT FINDS THAT CLASS MEMBERS SHOULD BE ALLOWED TO OPT OUT IN CONNECTION WITH THE CLASS ACTION CERTIFIED IN THE ABOVE ENTITLED ACTION.<br />THE CLASS ACTION WAS NOT CERTIFIED FOR THE PERSONAL INJURY CLAIMS ALLEGED BY CLASS<br />PLAINTIFFS. FAILURE TO ALLOW CLASS MEMBERS TO OPT OUT OF THE ACTION MAY IMPAIR OR ELIMINATE POTENTIAL PERSONAL INJURY CLAIMS BECAUSE A JUDGMENT IN THIS ACTION COULD BAR RECOVERY IN ANY LATER PERSONAL INJURY ACTIONS BROUGHT BY CLASS MEMBERS AGAINST DEFENDANTS. (SEE HICKS V. KAUFMAN & BROAD (2001) 89 CAL.APP.4TH 908 924-925.)<br />THUS, IT APPEARS THAT THE OPPORTUNITY TO OPT OUT OF THIS CLASS ACTION IS NECESSARY. (SEE PHILLIPS PETROLEUM CO. V. <span class="blsp-spelling-error" id="SPELLING_ERROR_7">SHUFFS</span> (1985) 472 U.S. 797, 811-812.) ACCORDINGLY, PLAINTIFFS PROPOSED CLASS NOTICE NEEDS A STATEMENT WHICH GIVES POTENTIAL CLASS MEMBERS WHO MAY HAVE SUFFERED PERSONAL INJURIES AN APPROPRIATE CAVEAT REGARDING POTENTIAL PERSONAL INJURY CLAIMS, PROVIDES THE OPPORTUNITY TO OPT OUT, AND PROVIDES A PROCEDURE FOR OPTING OUT. (SEE CHAVEZ V. <span class="blsp-spelling-error" id="SPELLING_ERROR_8">NETFLIX</span> (2008) 162 CAL.APP.4TH 43, 57.)<br />IN ADDITION, PLAINTIFFS SUBMISSION DOES NOT EXPLAIN WHY CLASS NOTICE CANNOT BETTER BE PROVIDED THROUGH DEFENDANTS OWN WEBSITE TO ALL PERSONS WHO SIGNED UP THROUGH THE WEBSITE.<br />ACCORDINGLY, THE COURT ORDERS THAT CLASS NOTICE SHALL BE PROVIDED THROUGH DEFENDANTS WEBSITE.<br />THE COURT MAKES THIS DECISION BECAUSE THE LAWSUIT HAS ALREADY BEEN REFERENCED ON THE <span class="blsp-spelling-error" id="SPELLING_ERROR_9">KIMKINS</span> WEBSITE. THE NOTICE MAY BE THROUGH A LINK ON THE WEBSITE WHICH LEADS TO THE CLASS NOTICE.<br />FINALLY, ALL REFERENCES TO THE "PENDING MOTION FOR SUMMARY JUDGMENT" SHALL BE REMOVED FROM THE CLASS NOTICE.<br />NOTICE TO BE GIVEN BY COURT CLERK'S CERTIFICATE OF MAILING RE: SUBSEQUENT RULING<br />NOTICE SENT TO MICHAEL L COHEN A <span class="blsp-spelling-error" id="SPELLING_ERROR_10">PROFESSIONALLAW</span> CORP ON 10/27/09<br />NOTICE SENT TO MOORE WINTER <span class="blsp-spelling-error" id="SPELLING_ERROR_11">MCLENNAN</span> <span class="blsp-spelling-error" id="SPELLING_ERROR_12">LLP</span> ON 10/27/09<br />NOTICE SENT TO <span class="blsp-spelling-error" id="SPELLING_ERROR_13">TIEDT</span> & <span class="blsp-spelling-error" id="SPELLING_ERROR_14">HURD</span> ON 10/27/09<br />NOTICE SENT TO LAW OFFICE OF TIMOTHY P PEABODY ON 10/27/09<br />NOTICE SENT TO LAW OFFICES OF <span class="blsp-spelling-error" id="SPELLING_ERROR_15">COTTLE</span> & KEMP ON 10/27/09<br />NOTICE SENT TO <span class="blsp-spelling-error" id="SPELLING_ERROR_16">COTTLE</span> & KEEN ON 10/27/09mariasolhttp://www.blogger.com/profile/02401598691576886333noreply@blogger.com3tag:blogger.com,1999:blog-4891111747916133059.post-65642614016281857812009-10-15T16:03:00.005-04:002009-10-15T16:11:14.914-04:00Kimkins Court HearingThere was a hearing today for Summary Judgment for the Class Action Suit against Kimkins.<br /><br />All the details are not out yet, but it was decided that Heidi has to post an "Opt-Out Notice" on Kimkins. The notice is also to be posted on one more site in order to reach as many class action members as possible.<br /><br />The Opt-Out Notice will give the option for any eligible class action member to reserve the right to sue Heidi individually instead of taking part in the class action suit. I don't see it as likely that anybody would want to do this in this case, but it seems to be a requirement for any class action lawsuit that this option is provided.<br /><br />So much for the lawsuit being dismissed, Heidi. I'm looking forward to seeing the Opt-Out Notice on Kimkins.con. And your explanation for it.mariasolhttp://www.blogger.com/profile/02401598691576886333noreply@blogger.com1tag:blogger.com,1999:blog-4891111747916133059.post-25643159678019814902009-10-11T13:18:00.004-04:002009-10-11T13:49:14.452-04:00The End of KimkinsIs that what we will see from the upcoming court hearing on October 15? Despite what Heidi Diaz claims, the case was not dismissed, the judge was just not ready to make a decision and postponed doing so. To my understanding, this didn't even have anything to do with the viability of the lawsuit. It had to do with an opt-out technicality for the class action members. (Typically, a class member is given an option to not partake in a class action lawsuit in order to be able to sue the defendant individually.)<br /><br />Heidi seems to be struggling to keep kimkins afloat. The forum was moved to a new platform and without all the old posts from the previous years, it is very obvious how few members that are there. Her google ads have stopped. It's likely that they didn't result in many new customers and they are costly to run.<br /><br />Heidi is most likely finding out that internet marketing is not all that easy. Without having the advertizement from a Woman's World article that draw customers, it's not easy to attract them to an obscure diet on the internet. Kimkins has outlived its fame. The only ones that are familiar with the name are people that know about the scam, and they don't work well as a customer base. Any new people coming across the website are likely not impressed.<br /><br />I do hope that the court hearing on Thursday will result in Heidi having to close kimkins.con down. But even if there are further delays, I am positive that kimkins is a dying enterprise. It's just a matter of time. I can't see that Heidi would keep kimkin.con running as a service to the few members that are there. Judging from all the bannings, she is not really a caring person.<br /><br />Of course, the hearing on Thursday might not even take place. Perhaps Heidi decided to file for bankruptcy again. But this time, I think she might have problems showing much income from kimkins.com. So why would a bankruptcy court allow her to restructure a business that doesn't even make money? Hopefully any bankruptcy lawyer she has hired would have informed her about this so we can avoid yet another unnecessary delay of the class action hearing.mariasolhttp://www.blogger.com/profile/02401598691576886333noreply@blogger.com0tag:blogger.com,1999:blog-4891111747916133059.post-53177267453979331182009-09-13T08:11:00.004-04:002009-09-13T08:40:57.882-04:00The "New" Slimmer KimkinsNo, I don't think Kimmer herself has slimmed down, but the website has.<br /><br />While Heidi Diaz has tried to copy the design from the old site, it shows that she doesn't have the graphics knowledge that her previous web techs had. Of course, it's costly to keep a professional team on board and when there is little income from new members signing up, Heidi apparently decided to take it over herself.<br /><br /><br /><br /><a onblur="try {parent.deselectBloggerImageGracefully();} catch(e) {}" href="http://1.bp.blogspot.com/_ywgpwbZKDNs/Sqzkgj8423I/AAAAAAAAAu8/LNZYnQcjMKU/s1600-h/kk2.jpg"><img style="margin: 0px auto 10px; display: block; text-align: center; cursor: pointer; width: 400px; height: 243px;" src="http://1.bp.blogspot.com/_ywgpwbZKDNs/Sqzkgj8423I/AAAAAAAAAu8/LNZYnQcjMKU/s400/kk2.jpg" alt="" id="BLOGGER_PHOTO_ID_5380926902858472306" border="0" /></a><br /><div style="text-align: center;">New Kimkins<br /></div><br /><a onblur="try {parent.deselectBloggerImageGracefully();} catch(e) {}" href="http://4.bp.blogspot.com/_ywgpwbZKDNs/Sqzkg-5aLjI/AAAAAAAAAvE/D8DA7ZDC0bU/s1600-h/origkk.jpg"><img style="margin: 0px auto 10px; display: block; text-align: center; cursor: pointer; width: 400px; height: 250px;" src="http://4.bp.blogspot.com/_ywgpwbZKDNs/Sqzkg-5aLjI/AAAAAAAAAvE/D8DA7ZDC0bU/s400/origkk.jpg" alt="" id="BLOGGER_PHOTO_ID_5380926910091636274" border="0" /></a><br /><br /><div style="text-align: center;">Old Kimkins<br /></div><br />The previous site was build on joomla and firebird forum which, while free, require some web program ability. The new site is using SMF (Simple Machines) forum software which is free and simpler to configure. If it were me, I would have invested in the very affordable vBulletin forum as it's very easy to use. And, that's what I did on my forum: <a href="http://tippingthescalestohealth.com/forum/">Tipping the Scales to Health</a>.<br /><br />Did you notice that she has even changed the Kimkins logo? I recall that there was someone that showed how the original was copied from one of the Russian Bride websites, so perhaps this is an attempt of avoiding this being brought up in the ongoing Class Action Lawsuit.<br /><br />The new site displays a lot of old success stories. People that are not seen on the Kimkins forum any more (if they were even there in the first place). Where are these people now? Unfortunately, I believe most of them have regained their weight. It happens more often than not following a starvation diet like Kimkins. I do hope they have found a more sensible weight loss program by now and are working towards health and not continuing the yo-yo cycle.<br /><br />And it doesn't matter if Heidi is now trying to rewrite history. The class action lawsuit is still going strong. Heidi told her members that it had been dismissed, but that is not true. A decision for summary judgement was delayed, not dismissed. You can see for youself: <a href="http://saynotokimkins.wordpress.com/2009/09/09/heidi-cant-handle-the-truth/">Say NO to Kimkins</a> has posted the pdf file of the decision.mariasolhttp://www.blogger.com/profile/02401598691576886333noreply@blogger.com4tag:blogger.com,1999:blog-4891111747916133059.post-65011903542043350152009-08-24T13:04:00.002-04:002009-08-24T13:06:58.108-04:00Kimkins in the News<span style="font-size:130%;"><a style="font-weight: bold;" href="http://www.blogger.com/Guru%20Sued%20for%20Alleged%20Diet%20Scam">Guru Sued for Alleged Diet Scam</a><br /><br /><br /></span><br /><br /><object type="application/x-shockwave-flash" id="video" data="http://www.myfoxla.com/video/videoplayer.swf" width="320" height="280"><param value="http://www.myfoxla.com/video/videoplayer.swf" name="movie"><param value="&skin=MP1ExternalAll-MFL.swf&embed=true&adSrc=http%3A%2F%2Fad%2Edoubleclick%2Enet%2Fadx%2Ftsg%2Ekttv%2Fnews%2Fmetro%2Fdetail%3Bdcmt%3Dtext%2Fxml%3Bpos%3D%3Btile%3D2%3Bsz%3D320x240%3Bord%3D203061960299967040%3Frand%3D0%2E9347236595119937&flv=http%3A%2F%2Fwww%2Emyfoxla%2Ecom%2Ffeeds%2FoutboundFeed%3FobfType%3DVIDEO%5FPLAYER%5FSMIL%5FFEED%26componentId%3D130463473&img=http%3A%2F%2Fmedia2%2Emyfoxla%2Ecom%2F%2Fphoto%2F2009%2F08%2F24%2Fdiet%2Dscam%5F20090824072552%5F640%5F480%2EJPG&story=http%3A%2F%2Fwww%2Emyfoxla%2Ecom%2Fdpp%2Fnews%2Flocal%2FGuru%5FSued%5Ffor%5FAlleged%5FScam%5FDiet%5FProgram%5F20090824" name="FlashVars"><param value="all" name="allowNetworking"><param value="always" name="allowScriptAccess"></object>mariasolhttp://www.blogger.com/profile/02401598691576886333noreply@blogger.com2tag:blogger.com,1999:blog-4891111747916133059.post-72819157780398466372009-08-21T14:11:00.006-04:002009-08-21T15:46:16.302-04:00Kimmer about the Lawsuit<a onblur="try {parent.deselectBloggerImageGracefully();} catch(e) {}" href="http://3.bp.blogspot.com/_ywgpwbZKDNs/So748jXcrFI/AAAAAAAAAu0/yNUvGvPNTuk/s1600-h/comp3.gif"><img style="margin: 0px auto 10px; display: block; text-align: center; cursor: pointer; width: 400px; height: 93px;" src="http://3.bp.blogspot.com/_ywgpwbZKDNs/So748jXcrFI/AAAAAAAAAu0/yNUvGvPNTuk/s400/comp3.gif" alt="" id="BLOGGER_PHOTO_ID_5372505124669008978" border="0" /></a><br />Heidi Diaz finally allowed a thread about the lawsuit on kimkins.con. <a href="http://amyb1569.wordpress.com/">AmyB</a> reported on what Kimmer had to say in her post a few days ago: <a href="http://amyb1569.wordpress.com/2009/08/07/461/">Why am I surprised</a>.<br /><br />What Heidi Diaz seems to have the most difficulty to understand is why her own weight would be an issue. Why her own failure at losing weight on the Kimkins Diet would reflect on the effectiveness of the diet. If that is really the case, why did she have to lie about it in the first place? Clearly, she knows that she would never have had any members if she had put up a real photo of herself.<br /><br />She now argues that she has lost 100 pounds (several times!) and just couldn't keep it off. The diet works, in her opinion. So why would you want to starve off 100 pounds just to turn around and regain it all, even faster than you lost it? Possibly having damaged your health permanently in the process? To me, that just seems like self-inflicted torture.<br /><br />Heidi also claims that members got what they paid for: a weight loss diet that works. That's not quite accurate. If Heidi cares to re-read her own promises on former front pages on the Kimkins.con website, she can easily see that Kimkins promised not only weight loss, but being able to <span style="font-weight: bold;">maintain</span> that loss. And, she offered up her own alleged weight loss success with 4 years maintaining at 118 lbs as proof (or 5 or 6 or 7 years, depending which version you read).<br /><br />Heidi correctly says that the class action seeks an injunction against the Kimkins website; to have it shut down. Again, she can't really understand why and compares Kimkins with other diets like Jenny Craig and Weight Watchers where dieters also often end up regaining. She fails to see that these other diets don't necessarily jeopardize your health. If you did follow Kimkins as prescribed; 500 cals or less of lean protein and veggies, you more likely than not suffered health consequences. Just read the testimonials on <a href="http://kimkinssurvivors.wordpress.com/">Kimkins Survivors</a>. We want Kimkins.con to be shut down so not any more unsuspecting, desperate, dieters get hurt.<br /><br />Heidi also has a lot to say about money. She claims that the plaintiffs are all in the lawsuit to get back the money they paid for the membership. Nothing could be further from the truth, and I think Heidi knows this. I don't expect to see a dime in refund. I just don't want Heidi to get to keep the money she fraudulently obtained from me. And, I don't want Heidi to continue to operate a business that was built on fraud.mariasolhttp://www.blogger.com/profile/02401598691576886333noreply@blogger.com2tag:blogger.com,1999:blog-4891111747916133059.post-23529531383670512052009-08-19T15:37:00.001-04:002009-08-19T15:41:13.198-04:00Count Down for Kimkins<iframe src="http://www.7is7.com/otto/countdown.html?year=2009&month=8&date=24&hrs=8&ts=24&min=30&sec=0&tz=-420&lang=en&show=dhms&mode=r&cdir=down&bgcolor=%23CCFFFF&fgcolor=%23000000&title=Countdown%20To%20Summary%20Judgment%20Hearing" style="overflow: hidden; width: 15.6em; height: 22.8em;" scrolling="no" width="250" frameborder="1" height="365">&amp;amp;lt;a href="http://www.7is7.com/otto/countdown.html?year=2009&amp;amp;amp;amp;month=8&amp;amp;amp;amp;date=24&amp;amp;amp;amp;hrs=8&amp;amp;amp;amp;ts=24&amp;amp;amp;amp;min=30&amp;amp;amp;amp;sec=0&amp;amp;amp;amp;tz=-420&amp;amp;amp;amp;lang=en&amp;amp;amp;amp;show=dhms&amp;amp;amp;amp;mode=r&amp;amp;amp;amp;cdir=down&amp;amp;amp;amp;bgcolor=%23CCFFFF&amp;amp;amp;amp;fgcolor=%23000000&amp;amp;amp;amp;title=Countdown%20To%20Summary%20Judgment%20Hearing"&amp;amp;gt;Countdown &amp;amp;lt;br&amp;amp;gt;To Summary Judgment Hearing&amp;amp;lt;/a&amp;amp;gt;</iframe>mariasolhttp://www.blogger.com/profile/02401598691576886333noreply@blogger.com0tag:blogger.com,1999:blog-4891111747916133059.post-11244063722196830482009-08-03T11:46:00.004-04:002009-08-03T12:27:34.040-04:00Kimkins Yo-Yo Diet<a href="http://en.wikipedia.org/wiki/Yo-yo_dieting">Wikipedia:</a><br /><br /><span style="font-style: italic;">Yo-yo dieting, also known as weight cycling, is a repeated loss and gain of body weight due to excessive dieting. ... The reasons for yo-yo dieting are varied but often include embarking upon a diet that was initially too extreme. At first the dieter may experience elation at the thought of loss and pride of their rejection of food. Over time, however, the limits imposed by such extreme diets cause effects such as depression or fatigue that make the diet impossible to sustain. The dieter reverts to their old eating habits, and with the added emotional effects begins to rapidly regain weight.</span><br /><br /><span style="font-style: italic;">This kind of diet is associated with extreme food deprivation as a substitute for good diet and exercise techniques. As a result, the dieter may experience loss of both muscle and body fat during the initial weight-loss phase (weight-bearing exercise is required to maintain muscle). After completing the diet, the dieter is likely to experience the body's famine response, leading to rapid weight gain of only fat. This is a dangerous fat-cycle that changes the body's fat to muscle ratio, one of the more important factors in health. One study in rats showed those made to yo-yo diet were more efficient at gaining weight.</span><br /><br />I find this being a very accurate description of the Kimkins Diet. And it has held true for the majority of her members.<br /><br />Lately, the only "new" members showing up in the Kimkins forum are people that originally tried the diet around the time of the Woman's World article in June 2007. Lost a little weight then but could not stick to it. They are now returning as the "diet did work" the first time. No, it didn't. <span style="font-weight: bold;">A diet you can not stick to does not work. </span>A diet that does not lead to lifelong weight loss maintenance is not even worth trying, in my opinion. What's the point of losing the same weight over and over again?<br /><br />The good news with the returning members is that they don't generate any new revenue for Heidi Diaz. As they purchased a life time membership, there is no additional fees that she can add to the fraudulently obtained money she already has.<br /><br />The Kimkins board has undergone changes since the June 2007 peak. There is very little activity and there is no peer pressure to drop calories to starvation levels. Sure, lean proteins with minimal fats are still recommended, but most of the members fall off or cheat on a regular basis. Even the few maintainers are not doing a very good job at maintaining these days.<br /><br />Despite that the board does no longer appear to promote a diet that would be dangerous to your health, it still should be shut down. The entire venture was based on fraud and should not be allowed to continue in any form.<br /><br /><br /><span style="font-size:85%;">[The rat study Wikipedia references might not fully apply to people, but the results would scare me off any extreme diet attempt. Even if I would be able to starve myself all the way to goal, How would I deal with the "four-fold food efficiency" while trying to maintain? Continue to starve the rest of my life?<br /><br /><span style="font-style: italic;">This study examined the metabolic effects of weight cycling, i.e., repeated periods of weight loss followed by regain. There were three groups of adult, male Sprague-Dawley rats: (1) Chow Controls (a normal weight control group fed chow throughout); (2) Obese Controls (animals fed a high-fat diet throughout); and (3) Obese Cycling (obese animals cycled through two bouts of caloric restriction and refeeding). The cycled animals showed significant increases in food efficiency (weight gain/kcal food intake) in the second restriction and refeeding periods compared to the first, i.e., weight loss occurred at half the rate and regain at three times the rate in the second cycle. Several physiological changes were associated with this cycling effect. At the end of the experiment, cycled animals had a four-fold increase in food efficiency compared to obese animals of the same weight who had not cycled. These data suggest that frequent dieting may make subsequent weight loss more difficult. The possible metabolic and health consequences of “yo-yo” dieting are discussed.</span> ]<br /></span>mariasolhttp://www.blogger.com/profile/02401598691576886333noreply@blogger.com0tag:blogger.com,1999:blog-4891111747916133059.post-78073905658393746402009-07-02T14:02:00.003-04:002009-07-02T14:21:47.813-04:00Kimkins Faux DietingKimkins July 2009 Newsletter has arrived. One of the articles is a recycled piece from last year (or the year before) called: Are You Faux Dieting.<br /><br />I think it is fitting that Heidi Diaz writes this article. She certainly looks as if she is an expert. I would assume that she can describe all these "faux dieting" pitfalls from her own experience during the last 10 years when she seems to have failed again and again at any weight loss attempt. Assuming that she has even tried her own diet.<br /><br />In her Faux Dieting article, she mentions things like "make a whole hearted 100% commitment to my weight loss plan," "When are you going to suck it up and finally do it?" and "It boggles the mind to hear the excuses we give ourselves for remaining fat and undisciplined."<br /><br />While Heidi Diaz certainly can be seen as an expert in "faux dieting" it boggles my mind that she has the gall to imply that she has been successful herself. Do as I say and not as I do?<br /><br /><a onblur="try {parent.deselectBloggerImageGracefully();} catch(e) {}" href="http://2.bp.blogspot.com/_ywgpwbZKDNs/Skz5Vth5MbI/AAAAAAAAAuo/36JjK8y4hec/s1600-h/kimmer_05.jpg"><img style="margin: 0px auto 10px; display: block; text-align: center; cursor: pointer; width: 268px; height: 400px;" src="http://2.bp.blogspot.com/_ywgpwbZKDNs/Skz5Vth5MbI/AAAAAAAAAuo/36JjK8y4hec/s400/kimmer_05.jpg" alt="" id="BLOGGER_PHOTO_ID_5353928208431002034" border="0" /></a>mariasolhttp://www.blogger.com/profile/02401598691576886333noreply@blogger.com0tag:blogger.com,1999:blog-4891111747916133059.post-14261815968794559702009-06-04T10:00:00.003-04:002009-06-04T10:17:04.354-04:00Kimkins SPAMI am banned from Kimkins. Since September 2007. But I still receive newsletters, recipes and emails from Kimkins.con. Several times per month.<br /><br />It doesn't matter how many times I unsubscribe. The emails keep on arriving.<br /><br />I wonder if Heidi Diaz knows that she is in violation of the CAN-SPAM act.<br /><br />From the <a href="http://www.ftc.gov/bcp/edu/pubs/business/ecommerce/bus61.shtm">FTC (Federal Trade Commission)</a> website:<br /><br /><h3 style="font-style: italic;">What the Law Requires</h3> <p style="font-style: italic;">Here's a rundown of the law's main provisions:</p> <ul style="font-style: italic;"><li><strong>It bans false or misleading header information.</strong> Your email's "From," "To," and routing information – including the originating domain name and email address – must be accurate and identify the person who initiated the email.<br /> <br /> </li><li><strong>It prohibits deceptive subject lines.</strong> The subject line cannot mislead the recipient about the contents or subject matter of the message.<br /> <br /> </li><li><strong>It requires that your email give recipients an opt-out method.</strong> You must provide a return email address or another Internet-based response mechanism that allows a recipient to ask you not to send future email messages to that email address, and you must honor the requests. You may create a "menu" of choices to allow a recipient to opt out of certain types of messages, but you must include the option to end any commercial messages from the sender.<br /> <br />Any opt-out mechanism you offer must be able to process opt-out requests for at least 30 days after you send your commercial email. When you receive an opt-out request, the law gives you 10 business days to stop sending email to the requestor's email address. You cannot help another entity send email to that address, or have another entity send email on your behalf to that address. Finally, it's illegal for you to sell or transfer the email addresses of people who choose not to receive your email, even in the form of a mailing list, unless you transfer the addresses so another entity can comply with the law.<br /> <strong><br /> </strong></li><li><strong>It requires that commercial email be identified as an advertisement and include the sender's valid physical postal address.</strong> Your message must contain clear and conspicuous notice that the message is an advertisement or solicitation and that the recipient can opt out of receiving more commercial email from you. It also must include your valid physical postal address. </li></ul>The emails from Kimkins.con fulfill these requirements, with the exception of the "opt-out."<br /><br />I don't doubt that Heidi will blame "technical glitches" or duplicate databases and email services but the Law doesn't allow for such an excuse. It clearly says that you have to honor the opt-out and stop sending emails within 10 days.<br /><br />The FTC also spells out the penalties:<br /><h3 style="font-style: italic;">Penalties</h3> <span style="font-style: italic;">Each violation of the above provisions is subject to fines of up to $11,000.</span><br /><br />As Heidi does not seem to be aware that she is in violation of this law (or does not care) I made sure that the FTC knows about her spamming. It is very easy to <a href="https://www.ftccomplaintassistant.gov/">submit a complaint</a> on the FTC website.mariasolhttp://www.blogger.com/profile/02401598691576886333noreply@blogger.com0tag:blogger.com,1999:blog-4891111747916133059.post-84039750318693331422009-06-03T09:40:00.003-04:002009-06-03T10:08:30.119-04:00Kimkins Cyber AttorneySince when does legal correspondence take place via email? Heidi <span class="blsp-spelling-error" id="SPELLING_ERROR_0">Diaz</span>' attorney, Peabody, apparently thinks that this is a proper form of communication.<br /><br />Is this something new approved in legal circles that I am just not aware of? All my dealings with attorneys have always involved written letters by mail or fax.<br /><br />To me, there seems to be a reason for this. There is no easy way to tell WHO sent an email. There is no easy way to tell if an email was received (served). How can you know it doesn't end up in a spam filter that the recipient is never checking?<br /><br />Nevertheless, Peabody keeps on sending "official" Cease and Desist emails to anti-<span class="blsp-spelling-error" id="SPELLING_ERROR_1">kimkins</span> blogger. <a href="http://affiliatescams.wurdmess.com/email-address-may-tip-you-off-to-a-scam-or-phishing/"><span class="blsp-spelling-error" id="SPELLING_ERROR_2">Affiliatescams</span></a> has posted the email she received. Note that her email wasn't even sent directly to her. <span class="blsp-spelling-corrected" id="SPELLING_ERROR_3">Unbelievable</span>. But then nothing should really surprise us when it comes to this <span class="blsp-spelling-error" id="SPELLING_ERROR_4">Kimkins</span> saga, should it?<br /><br />Also, read the comments to <span class="blsp-spelling-error" id="SPELLING_ERROR_5">Affiliatescams</span>' post. One blogger (Becky) received a Cease and Desist as a blog comment. Blog comment! How can that be considered Service of Process?<br /><br />So what is the purpose of these Cease and Desist emails and comments? Peabody says to <span class="blsp-spelling-error" id="SPELLING_ERROR_6">Affiliatescams</span>: "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".<br /><br />What about the First <span class="blsp-spelling-corrected" id="SPELLING_ERROR_7">Amendment</span>? Consumer rights?<br /><br />I am a disgruntled (banned) customer of <span class="blsp-spelling-error" id="SPELLING_ERROR_8">Kimkins</span> and have the right to express my dissatisfaction with their service (or lack thereof). My blog certainly has a lot of untoward comments regarding Heidi <span class="blsp-spelling-error" id="SPELLING_ERROR_9">Diaz</span> but that is less of my doing that hers. If Heidi had not flooded the <span class="blsp-spelling-error" id="SPELLING_ERROR_10">internet</span> with her lies and fraudulent pictures, I would not had anything to write about.<br /><br />While it might be beneficial for Peabody (billing hours!) to write these emails, we expect that he will be busy with real legal actions soon. There is an <span class="blsp-spelling-corrected" id="SPELLING_ERROR_11">unprecedented</span> hearing set for a Motion for Summary Judgement set for August 24. Read about it on <a href="http://kimkinsclassactionlawsuit.blogspot.com/2009/06/late-breaking-lawsuit-news.html"><span class="blsp-spelling-error" id="SPELLING_ERROR_12">Kimkins</span> Class Action Lawsuit</a> blog, and mark your calendars.mariasolhttp://www.blogger.com/profile/02401598691576886333noreply@blogger.com0tag:blogger.com,1999:blog-4891111747916133059.post-45814985223487659162009-05-29T15:05:00.005-04:002009-05-30T15:26:21.812-04:00Kimkins Plantiffs DepositionsThe five principal plaintiffs in the Class Action Suit against <span class="blsp-spelling-error" id="SPELLING_ERROR_0">Kimkins</span> have been deposed by our lawyer John <span class="blsp-spelling-error" id="SPELLING_ERROR_1">Tiedt</span> and Heidi's lawyer Peabody.<br /><br />I have no details about what was covered during the depositions, but in my opinion it would be a fairly simple process to determine fraud on the part of Heidi <span class="blsp-spelling-error" id="SPELLING_ERROR_2">Diaz</span>. For example:<br /><br />Q: Did you sign up for the <span class="blsp-spelling-error" id="SPELLING_ERROR_3">Kimkins</span> Diet based on Heidi <span class="blsp-spelling-error" id="SPELLING_ERROR_4">Diaz</span>' claim of losing 198 pounds in one year and maintaining that weight loss for 5 years?<br />A: Yes.<br />Q: Did you believe that the pictures Heidi posted as her own were indeed true pictures of herself?<br />A: Yes.<br />Q: Would you have paid money to Heidi <span class="blsp-spelling-error" id="SPELLING_ERROR_5">Diaz</span> if you knew that these claims were not true?<br />A: No.<br /><br />Case closed.<br /><br />Now, I think the depositions were a little more involved than this but I can not see how Peabody could argue (on behalf of Heidi) that there was no fraud. Especially as she has admitted the fraud herself during her depositions.<br /><br />Peabody can hardly claim that the five principals are not representative of the class either. Were we not all equally defrauded of our membership fee based on Heidi's false claims?<br /><br />The court order for Class Certification has been posted on the Riverside Court website. Or, you can read it here: <a href="http://tippingthescalestohealth.com/files/Certification%20Order.pdf">Court Order</a>.<br /><br />John <span class="blsp-spelling-error" id="SPELLING_ERROR_6">Tiedt</span> continues to excel. The court order states:<br /><ul><li>Plaintiffs' claims are typical of the claims of the other members of the class</li><li>All requests for <span class="blsp-spelling-corrected" id="SPELLING_ERROR_7">judicial</span> notice on behalf of Plaintiffs are granted</li><li>Defendant's <span class="blsp-spelling-error" id="SPELLING_ERROR_8">evidentiary</span> objections have been overruled</li></ul>Is this the beginning of the end of <span class="blsp-spelling-error" id="SPELLING_ERROR_9">Kimkins</span>.con?mariasolhttp://www.blogger.com/profile/01742688114468415320noreply@blogger.com1tag:blogger.com,1999:blog-4891111747916133059.post-65222031855869169392009-05-21T09:27:00.005-04:002009-05-21T10:07:05.218-04:00Kimkins Class Action Certified<a onblur="try {parent.deselectBloggerImageGracefully();} catch(e) {}" href="http://4.bp.blogspot.com/_ywgpwbZKDNs/ShVfZJrAfxI/AAAAAAAAAug/by91by76hsQ/s1600-h/design-pic.jpg"><img style="margin: 0px auto 10px; display: block; text-align: center; cursor: pointer; width: 400px; height: 265px;" src="http://4.bp.blogspot.com/_ywgpwbZKDNs/ShVfZJrAfxI/AAAAAAAAAug/by91by76hsQ/s400/design-pic.jpg" alt="" id="BLOGGER_PHOTO_ID_5338277819015266066" border="0" /></a><br />Two years after the now infamous Kimkins Woman's World article came out, there is now a certified Class Action Lawsuit against Kimkins.<br /><br />The certification was actually granted back in January 2009 but it was deemed an invalid decision due to Heidi Diaz of Kimkins having filed for bankruptcy just days prior. With the bankruptcy suit being dismissed, the certification hearing was put back on the case agenda and certification was finally granted.<br /><br />For the January hearing, Heidi did not bother to file any opposition to the motion for certification. She surely relied on the bankruptcy to resolve the issue for her. However, the end result was just a few months delay.<br /><br />This time, she did file an opposition. Or, her lawyer did, Mr. Peabody. He tried to claim that the principals were not representative of the class and therefore each plaintiff would need to sue Heidi individually.<br /><br />It's hard to understand his reasoning for this claim. The lawsuit is not about the nutritionally bankrupt Kimkins diet, but about fraud. The fraud consists of lying about her own weight loss and using pictures of other people for herself and other "success" stories.<br /><br />The claim by the plaintiffs is that we all paid money to Heidi Diaz based on her fraudulent claims of her own successful weight loss using her diet. How can the principals NOT be representative of the class?<br /><br />I would like to thank ALL the principals that represent me and the other plaintiffs. I know that there is work involved on their part; papers to fill in and send to our lawyer John Tiedt, phone calls and depositions. Thank you all for hanging in there during this long process!mariasolhttp://www.blogger.com/profile/02401598691576886333noreply@blogger.com0tag:blogger.com,1999:blog-4891111747916133059.post-20626878568908741502009-05-03T09:42:00.009-04:002009-05-03T11:57:22.790-04:00Why I Like Kimkins"Why I Like Kimkins" is the topic for the Kimkins essay contest. <a href="http://affiliatescams.wurdmess.com/win-300-kimkins-essay-contest-2009/">Affiliate Scams</a> and <a href="http://prudentiablog.blogspot.com/2009/04/heidi-and-focused-thinking.html">Prudentia</a> already wrote their essays. Somehow, I don't think they will be among the winners.<br /><br />So who could write the winning essay? One of the success stories already featured on the Kimkins website? Someone that lost 144 pounds in a year by eating like this:<br /><br /><a onblur="try {parent.deselectBloggerImageGracefully();} catch(e) {}" href="http://1.bp.blogspot.com/___-VFSjHLDg/Sf2kGfFYlZI/AAAAAAAAAAw/E4zT84PgZDU/s1600-h/BCcombined.jpg"><img style="margin: 0px auto 10px; display: block; text-align: center; cursor: pointer; width: 400px; height: 128px;" src="http://1.bp.blogspot.com/___-VFSjHLDg/Sf2kGfFYlZI/AAAAAAAAAAw/E4zT84PgZDU/s400/BCcombined.jpg" alt="" id="BLOGGER_PHOTO_ID_5331597965206787474" border="0" /></a><br />This is the boot camp menu that was recommended during the time this success story lost her weight.<br /><br />This example provides:<br />Calories: 594<br />Fat: 26 grams<br />Carbs: 16 grams<br />Protein: 74 grams<br /><br />So who would like to eat like this for a year? This is what she said in her success story:<br /><br /><span style="font-style: italic;">"Being in ketosis has really helped me not have cravings and be able to pass up temptations. This journey has been so amazing! Many people say they could never do this because they love carbs, breads, sweets, etc. Well, so do I! I eat chicken and eggs almost daily and still love them!"</span><br /><br />So where is she today? Trying to maintain, or rather, trying to take off 20 regained pounds.<br /><br /><span style="font-style: italic;">"I am plugging away, but frustrated that I am sticking to it and working out and the scale is not going down! This is when I want to just give in and eat what I want, but then I do further damage! I must be strong! When I was losing the first time, I didn't let myself have the option of eating something not on Kimkins, I need to think that way now!"</span><br /><br />So how can this be given a positive spin for the topic "I Like Kimkins"?<br /><br />I don't know. I can just find reasons why I do NOT like Kimkins. Like having to stay on starvation level of calories to maintain any weight loss.mariasolhttp://www.blogger.com/profile/01742688114468415320noreply@blogger.com0tag:blogger.com,1999:blog-4891111747916133059.post-25754246912546833472009-04-29T09:05:00.006-04:002009-04-29T10:32:22.702-04:00Kimkins Essay ContestHeidi Diaz is giving out prices for the best essays about how weight loss has improved life.<br /><br />Perhaps she should save herself the trouble and just declare Kimmer the winner. Who can top her story?<br /><br />Here is an excerpt from the email interview she did with <a href="http://livinlavidalowcarb.com/blog/">Jimmy Moore</a>, talking about her fabricated weight loss success:<br /><br /><span style="font-style: italic; color: rgb(102, 0, 204);">"Losing 200 lbs has literally been like freeing an albatross from around my neck. I was so desperately unhappy. Despite lying to myself that my size didn't matter, and although I was blessed with good health despite 300+ pounds, I knew I was harming my body.</span><br /><br /><span style="font-style: italic; color: rgb(102, 0, 204);">Now, a slim size 4, I look back and wonder what took me so long to get serious? I now fit into theater seats without even touching the arms! Seat belts aren't anxiety provoking. My confidence has soared! No longer do I fear developing diabetes. Few people are aware that it doesn't take very much extra body fat to develop Type 2 diabetes and once you do, it's for life. You can manage it, but the damage to cells never disappears.</span><br /><br /><span style="font-style: italic; color: rgb(102, 0, 204);">But probably the most blessed part of being thin and healthy is the pride my children have in me. No longer do I wonder whether they might be embarrassed by their 318-pound mom at school events or the mall. It almost seems as though they show me off!</span><br /><br /><span style="font-style: italic; color: rgb(102, 0, 204);">Heck, I can even tie my shoes – no more slip ons!</span><br /><br /><span style="font-style: italic; color: rgb(102, 0, 204);">I don't ever want to regain my weight. As a reminder, I hung onto a pair of size 26 jeans which I keep hanging in a corner of my closet. I bring them out once a week and try them on. Once again, I can't believe I was ever that big! What was I thinking?</span>"<br /><br />Of course, this story is pure fantasy. Kimmer likely was still 300+ pounds when she wrote it, judging from a photo taken about half a year after the interview.<br /><br /><a onblur="try {parent.deselectBloggerImageGracefully();} catch(e) {}" href="http://1.bp.blogspot.com/_ywgpwbZKDNs/SfhVfzNLvYI/AAAAAAAAAuY/8EBLeUUWP84/s1600-h/kimmer03.gif"><img style="margin: 0px auto 10px; display: block; text-align: center; cursor: pointer; width: 272px; height: 400px;" src="http://1.bp.blogspot.com/_ywgpwbZKDNs/SfhVfzNLvYI/AAAAAAAAAuY/8EBLeUUWP84/s400/kimmer03.gif" alt="" id="BLOGGER_PHOTO_ID_5330104163802791298" border="0" /></a><br />If you want to read some REAL Kimkins Diet stories, head over to the <a href="http://kimkinssurvivors.wordpress.com/">Kimkins Survivor</a> blog.mariasolhttp://www.blogger.com/profile/02401598691576886333noreply@blogger.com4tag:blogger.com,1999:blog-4891111747916133059.post-51728972822781740262009-04-09T09:28:00.006-04:002009-04-09T09:57:50.943-04:00Kimkins on FacebookAs part of the viral marketing of Kimkins by Heidi Diaz, she is now on Facebook. She presently has two profiles there; Kimmer and Kimkins Diet.<br /><br />I am not myself into Facebook as I have other ways to network with people online. But I thought one of the main ideas with Facebook was that you should show YOUR actual FACE.<br /><br />So what does Heidi Diaz do?<br /><br />This is the one for Kimmer:<br /><br /><a onblur="try {parent.deselectBloggerImageGracefully();} catch(e) {}" href="http://1.bp.blogspot.com/_ywgpwbZKDNs/Sd37oGhNRXI/AAAAAAAAAuI/tpEt7nB81gc/s1600-h/s1498525186_4948.jpg"><img style="margin: 0px auto 10px; display: block; text-align: center; cursor: pointer; width: 78px; height: 80px;" src="http://1.bp.blogspot.com/_ywgpwbZKDNs/Sd37oGhNRXI/AAAAAAAAAuI/tpEt7nB81gc/s400/s1498525186_4948.jpg" alt="" id="BLOGGER_PHOTO_ID_5322687000985027954" border="0" /></a><br /><br />And this is the one for Kimkins Diet<br /><br /><a onblur="try {parent.deselectBloggerImageGracefully();} catch(e) {}" href="http://1.bp.blogspot.com/_ywgpwbZKDNs/Sd37oJYRorI/AAAAAAAAAuA/2mT9V_0Zfp0/s1600-h/pic.php.jpg"><img style="margin: 0px auto 10px; display: block; text-align: center; cursor: pointer; width: 100px; height: 100px;" src="http://1.bp.blogspot.com/_ywgpwbZKDNs/Sd37oJYRorI/AAAAAAAAAuA/2mT9V_0Zfp0/s400/pic.php.jpg" alt="" id="BLOGGER_PHOTO_ID_5322687001752871602" border="0" /></a><br />Why not show her own face?<br /><br /><a onblur="try {parent.deselectBloggerImageGracefully();} catch(e) {}" href="http://1.bp.blogspot.com/_ywgpwbZKDNs/Sd38H2-W9MI/AAAAAAAAAuQ/0abqF2X8DTY/s1600-h/Heidi_Diaz.jpg"><img style="margin: 0px auto 10px; display: block; text-align: center; cursor: pointer; width: 400px; height: 315px;" src="http://1.bp.blogspot.com/_ywgpwbZKDNs/Sd38H2-W9MI/AAAAAAAAAuQ/0abqF2X8DTY/s400/Heidi_Diaz.jpg" alt="" id="BLOGGER_PHOTO_ID_5322687546568144066" border="0" /></a><br />As Kimmer has always claimed that she wants to "inspire" people to lose weight, she might find it more appropriate to use a fairy and a young woman (that most likely never had any weight to lose) to represent her diet. I am sure that few people would see the picture of the founder of the Kimkins Diet and think: "Oh, this is a diet I have to try! $79.95 is a bargain if I get to look as she does."mariasolhttp://www.blogger.com/profile/02401598691576886333noreply@blogger.com1tag:blogger.com,1999:blog-4891111747916133059.post-41453508832212955372009-03-30T07:35:00.003-04:002009-03-30T07:41:35.863-04:00Kimmer Hiding Assets?A blog post by <a href="http://www.kimkinscontroversy.com/2007/09/22/funniest-kimkins-recap-ever/">Affiliatescams</a> about the bankruptcy dismissal reminded me about this picture originally posted by <a href="http://www.kimkinscontroversy.com/2007/09/22/funniest-kimkins-recap-ever/">Kimkins Controversy</a>.<br /><br /><a onblur="try {parent.deselectBloggerImageGracefully();} catch(e) {}" href="http://4.bp.blogspot.com/_ywgpwbZKDNs/SdCvrJqNdpI/AAAAAAAAAt4/YxDwQA9LL7o/s1600-h/butt1.jpg"><img style="margin: 0px auto 10px; display: block; text-align: center; cursor: pointer; width: 339px; height: 247px;" src="http://4.bp.blogspot.com/_ywgpwbZKDNs/SdCvrJqNdpI/AAAAAAAAAt4/YxDwQA9LL7o/s400/butt1.jpg" alt="" id="BLOGGER_PHOTO_ID_5318944315786753682" border="0" /></a>mariasolhttp://www.blogger.com/profile/02401598691576886333noreply@blogger.com0